Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

Daughter rents to parents & their son for free (just take…

Customer Question
Daughter rents to parents...

Daughter rents to parents & their son for free (just take care of the property no rental agreement after year mother & daughter have a fight over the phone-daughter—later the daughter retaliates by sending a realtor over an informing her parents that they have to move out-the realtor has filed a summon Unlawful detainer-eviction in court- He also mailed some legal documents in the mail and attach a 30 notice to quit the premises on the door.
Retaliation-due to a $50,000 judgement on the daughter’s credit because the parents had a S-corporation had a workers comp claim—parents were behind in paying-Industrial relations went after the daughter because they found her name of documents in 1998. Parents found attorney and had paperwork notarized stating that the daughter was not a substantial owner and not legal or financial ties to the corporation (Child Care Center)… Dealing with the attorneys and the phone calls between the mother-daughter continued for over three or four months--We have been cooperating with the realtor by allowing access to the house to show the property multiple times, the daughter has informed the mother on several occasions that she is going to take care of the Unlawful detainer-eviction but the process seems to continue more notices and people knocking on the door trying to serve my family with legal documents.
We are packing and have been looking for a place to stay, we worried that we going to get lock out with only a limited time to gather our belongings—My parents are in their late 70’s and early 80’s, both have problems walking around and cannot pickup heavy boxes.
Realtor has provided unsigned documents that the owner will pay for 1st and security deposit and moving expense, but the owner must pick the moving company. The owner (the daughter claims to with the rent—nothing in writing or for how long the amount just words)
What does the owner/daughter have to do to remove or stop the Unlawful detainer-eviction process after it has been file with the courts?
We are trying to cooperate, we are packing and working with another realtor for the last two months-What are options and what are costs?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

If the plaintiff wants a dismal what form is needed civ 110 or 120--does the form need to be notarized

Lawyer's Assistant: What state is this in? And how old is the truck?

California

Lawyer's Assistant: Has anything been filed or reported?

Unlawful detainer eviction filed with the court

Submitted: 10 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
10/2/2017
Lawyer: Barrister, Attorney replied 10 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,048
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Has the landlord actually filed an unlawful detainer (UD) action in court?

,

Have the tenants been served with the UD summons to go to court?

.

How long have the parents lived there as tenants?

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 10 months ago
1)The real estate agent filed-owner states she has not seen and did not give permission over the phone 2) Mailed Summons stamp filed in Superior Court: 17smuD000836 3) over 1 year with not rental agreement-witnesses will state that the daughter stated the rent would be free
Lawyer: Barrister, Attorney replied 10 months ago

The realtor is not the owner so has no authority to act as the attorney for the landlord unless they actually have permission to hire an attorney to represent the owner or they rent the property from the owner and then rent it to you...

.

But if the tenants have lived there over a year, it requires a written 60 day notice under CA law to terminate the tenancy. So they gave improper notice if they only gave a 30 day notice.

.

That would be grounds to defeat any unlawful detainer action if it got to court easily.. But if this was delivered, then the tenants only have 5 days to file a formal Answer on Form UD-105 or they could get a default judgment even if they have done everything wrong...

.

So the tenants shouldn't be in any hurry to leave if they have filed an Answer because the entire process is defective and the landlord can't evict the tenants legally until they do it correctly and start out with a written 60 day notice.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 10 months ago
Retaliation-due to a $50,000 judgement on the daughter’s credit because the parents had a S-corporation had a workers comp claim—parents were behind in paying-Industrial relations went after the daughter because they found her name of documents in 1998. Parents found attorney and had paperwork notarized stating that the daughter was not a substantial owner and not legal or financial ties to the corporation (Child Care Center)… Dealing with the attorneys and the phone calls between the mother-daughter continued for over three or four months--
Lawyer: Barrister, Attorney replied 10 months ago

Ok, if the landlord is retaliating by evicting, that is illegal and would give the tenants grounds to sue the landlord and also use that as a defense to any eviction action..

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,048
43,048 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Is Barrister available? Florida. Is Barrister available?
Is Barrister available? JA: What state is this in? It matters because laws vary by location. Customer: Florida JA: What steps have been taken so far? Customer: Is Barrister available? JA: Anything els… read more
Barrister
Barrister
Attorney
Doctoral Degree
43,048 satisfied customers
Lori,, quick question. On form civ-100, item # 5 a Do I
Hi Lori, It's me again, quick question. On form civ-100, item # 5 a Do I select "is not" on a contract or installment sale for good or services subject to civ. Code 1801 et seq.?… read more
Lori
Lori
Juris Doctor
2,117 satisfied customers
Commercial tenant had IRS seize bank accounts and could not
Commercial tenant had IRS seize bank accounts and could not pay rent. Agreed by e-mail that he could exchange services for unpaid back rent and would move out and return the premises in good condition… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I'm the plaintiff in an Unlawful Detainer case in Contra Costa
I'm the plaintiff in an Unlawful Detainer case in Contra Costa County California and I'm now at the point where I'm going to file the 3 remaining forms (Request for Entry of Default CIV-100, Judgement… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
When the Defendant was served personally with the Summons,
When the Defendant was served personally with the Summons, he/she has 30 days to answer. If he/she fails to answer the complaint, what action the Plaintiff can take? Thank you.… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
My mom rented property to three brothers 3 years ago, and I
My mom rented property to three brothers 3 years ago, and I was her agent. She died 2 years ago and the lease was never renewed. I now own the property in my business name. I did not make a lease to t… read more
Barrister
Barrister
Attorney
Doctoral Degree
43,048 satisfied customers
My daughter is a student, moving in to rent a house with two
My daughter is a student, moving in to rent a house with two other students. The realtor wants me to cosign, but the lease is set up that all three are responsible for the whole amount, which would ma… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I'm late for my may rent due the 1st week and the other half
I'm late for my may rent due the 1st week and the other half each every 4th Wednesday of the month. It's now almost June and she's texted me saturday 26 th demanding i hould pay the full rent, or leav… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
I have a single family home in Los Angeles county. Unfortunately,
I have a single family home in Los Angeles county. Unfortunately, I rented it to a crook. He did not pay and am trying to evict him. I filed the Unlawful detainer and he responded with bunch of lies s… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Father died in April 2010. Mother disabled. Mother asked
Father died in April 2010. Mother disabled. Mother asked me to move in to take care of her after he died. I officially moved in on May 15, 2010. Mother moved to an assisted living facility in May 2011… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
we are trying to help someone by letting her stay in our house.
we are trying to help someone by letting her stay in our house. She is not paying anything for rent or food or for the use of our home. I would like this person to get out of our home but i was told t… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
I am a Landlord. I live in San Diego, California My current
I am a Landlord. I live in San Diego, California My current tenant fulfilled the last 3 months of my previous tenant's lease because he got married. When the old least was up, the current tenant decid… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
what is notice unlawful detainer action? did they file an evicti&
what is notice unlawful detainer action? did they file an eviction action against us already? this house is on my two daughters name. so if they file an eviction action it will be on my daughters name… read more
Barrister
Barrister
Attorney
Doctoral Degree
43,048 satisfied customers
A friend recently gave an eviction notice to a woman that was
A friend recently gave an eviction notice to a woman that was sharing my friends home with her. The woman was renting a bedroom and both were using the common areas equally. All the utilities, telepho… read more
Barrister
Barrister
Attorney
Doctoral Degree
43,048 satisfied customers
Daughter had moved out of parents home voluntarily with boyfriend.
Daughter had moved out of parents home voluntarily with boyfriend. She has refused to pay any bills such as electric, phone or cable and continues to run them up in mother's name. She continues to com… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
laws on eviction notice in Seattle Wa my son was givin a
laws on eviction notice in Seattle Wa? my son was givin a eviction notice cus he could not come up with the full rent money cus he was out of work. He gave the owner $400 towards the $700 he owed and … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
We live in Illinois. The tenant moved his daughter & 4 grandkids
We live in Illinois. The tenant moved his daughter & 4 grandkids into the rental home mid August without landlord approval. We have been telling the tenant for over 60 days that the others are not on … read more
ProbateAttorney
ProbateAttorney
Doctoral Degree
268 satisfied customers
We purchased a farm in March, on the property the ...
We purchased a farm in March, on the property the previous owners daughter lives in a trailer. She was supposed to vacate with the trailer in June, and has failed to do so. They have not paid us any r… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x