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My wife is the manager of a mobile home park in our housing…

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My wife is the...

My wife is the manager of a mobile home park in our housing is supplied as part of her pay she has gone to a treatment center for a 30-day stay and now while she is gone they are trying to force me out what what do I have she has not been terminated

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

No local attorney has been talk to this is California this is actually McKinleyville California and it's a rent-controlled area under the County's rent Control Ordinance

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We have been living here rent-free because it's part of her wage she has not been terminated there's been no termination papers served on her and maintenance was just the interior which we keep completely clean and nice since the office is part of our residence

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

Only that I am I park manager of a different Park where I don't have a residence at this time

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 1 minute by:
5/28/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,168
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

I'm so sorry to hear about your situation. Until and unless you receive either a termination notice or an eviction notice, you don't have to go anywhere at all. In addition, state and federal law protect disabled employees from termination if that is the only reason they are being terminated. Thus, if they terminate her for going into treatment, you could file an EEOC complaint against the park.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

There is one upside to this situation though. The law generally prohibits landlords from physically removing tenants from the property or forcing tenants off the property by shutting off their lights, water, gas, or changing the locks without a court order. These are called “self-help” evictions and if a landlord engages in them, the landlord could be liable to the tenant for money damages. In addition, you could use a defense your wife's medical condition and ti will probably work.

If there is a tenant who has been evicted with proper written notice (e.g. 3-day or 30-day notice), but they do not leave the property, then they are considered a holdover tenant. The landlord of a holdover tenant must go through certain procedures before a tenant can be physically removed from the property. What this means is that the landlord must go to the courts in the county where the property is to get the court’s permission to have the person removed from the property.

The process for this can take months and you even have a chance to raise defenses to their eviction as well.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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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).

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