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I am on a rental Agreement with my daughter. I have not been…

Customer Question
I am on a...

I am on a rental Agreement with my daughter. I have not been living at the apartment, However, I pay the rent. She is bi-polar, and now on drugs. She is presently in a psychiatric unit. She was given a 30 day notice to move out (November 30). I want to remove her things and move her out now as she is not mentally or emotionally fit to live back there if she is released because there is only 2 weeks and she has to be out as this is my financial and personal responsibility. I was just helping her get a place to live.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California. The landlord gave her 30 day notice. unsavorily guys are coming around the apartment. I doubt she would do anything to me legally, but, she does realize she has until the 30th to be there. However she is doing notihing about moving . I would put her stuff in storage (I paid for the furnishings)

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

I am ready

Lawyer's Assistant: Has any paperwork been filed?

She was handed a 30 day notice 2 weeks ago. She gave me a verbal agreement to move her out. I am concerned for her safety, yet, she could become very upset when she discovers I moved her out and she has to go to a shelter or group home

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just that I'm concerned if she comes back she could thrash the apartment etc; she is not mentally stable and is on a 5150.

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
11/16/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,342
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Customer reply replied 8 months ago
Didn't you already receive my question?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago

Good morning. I certainly understand the situation and your concern. If she was given a notice to vacate, she needs to do so or else the landlord could proceed and evict. Moreover, if you are on the agreement, they could name you and sue you as well, so if you believe she is unable or unwilling to move out and take her property, it would be at your discretion to do so. As you shared, the burden would be on her, to sue and go after you. The goal is to make sure the rental is turned back over to the landlord and left in the same condition, less normal wear and tear. If not, they could sue and you could be liable, which I know you want to avoid.

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Customer reply replied 8 months ago
Thank You , but couldn't she sue me, (unlikely) for removing her things before the date she had to be out, which is the 30th.
Customer reply replied 8 months ago
Primarily I want her out of there to maintain the property and for her to be gone so the drug dealers don't come back if she should end up there for a few days upon release from the hospital
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago
She could try but she needs to show damages. By that, I mean what harm was suffered as a result of you helping her and moving her out, to avoid eviction and being sued by the landlord. You shared you are on the lease/agreement so you have a right to enter and it would amount to her showing damages for what you did. If you store the items and return them to her it may be hrs to do
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Customer reply replied 8 months ago
You do realize, I am on the rental agreement , but don't live there and never have. The landlord is aware of this situation, but would sue me if she left the apartment a mess, or didn't move. I guess, my chances and my rights are leaning towards me removing her things for her safety and my potential financial liability.
Customer reply replied 8 months ago
oops. on rental agreement but have never lived there
Customer reply replied 8 months ago
Did the payment come though?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago
I do realize that. However, if you are on the lease , you would be allowed and entitled to enter since you are listed. As I shared, your daughter would have to try and sue and go after you for damages. As long as her items are removed and she vacates, the landlord may be satisfied and there would be no issue
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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago
To avoid being sued by the landlord you want to make sure the rental is vacant on the 30th day.
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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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