Can my parents, who owned my home, enter it while I&#39;m at work and move me out without any warning? I was renting a home from my parents when my husband got arrested and went to jail. I had no eviction notice. I am in Tulare County, in the city of Visalia, in California. I was unable to pay my rent on time, however, the month was not over. With no warning, while I was at work, my parents went into my home and moved me and my three kids out. They moved us in about a day into a smaller house. They told me it was because my husband went to jail. While I was at work, with no warning, my parents moved our stuff again. They moved us in with them, but this time they threw most my stuff away. When I came home from work, I told my father that I didn't want him to throw my stuff away anymore. On multiple occasions thereafter, they threw away more of my stuff or took it for themselves/friends, again without warning. The house they are living in now is the first house they moved me out of. This was a house that my son and I found, and my parents were promising to help me buy it. After 6 months they promised to put in my name if I proved that I would continue to work which I have for ten years. Is there anything legally I can do to get my family out of their grip?
Yes, they seem to have broken the law. In California, notice must be given for an eviction. This can be a 30/60/90 day notice with no reason needed (typically because the landlord wants the property for something else) or a 3 day notice with cause- the most typical being not paying the rent. Note that COVID exceptions exist, though I don't believe they apply to you. Even after that time, a landlord cannot physically remove a tenant or attempt to drive them out through the destruction/removal of property, locking them out, or cutting off utilities. They are liable for damages suffered as well as penalties. There are lawful procedures in place for this. The removal and destruction of your belongings could constitute either larceny or vandalism. Either way, by unlawfully removing your possessions, they are liable for the damages caused.
Let's analyse the landlord's claims: You have an assured shorthold tenancy agreement. The fact that there isn't a written contract doesn't change this as a verbal agreement is legally binding. That's true. A tenancy exists even if this was never written down, and it's an AST by default if the requirements for being one are met. Payment of rent constitutes acceptance of these terms. Payment of rent by the tenant, and its acceptance by the landlord, is sufficient for a tenancy to be regarded as existing. The tenancy can only be terminated early from the permission of the landlord. That's rubbish. A tenant can always end a tenancy, but there may be restrictions. In particular, a tenant cannot end a tenancy before the end of a fixed term without the agreement of the landlord, but the landlord has an obligation to find new tenants if this happens. However, I've been unable to find any information as to whether a fixed term exists if there's no written agreement. Assuming there is no fixed term, then for a month-to-month tenancy, the tenant must provide one month's notice to end the tenancy, with that month ending at the end of a rental period (i.e. the day before the next payment would be due). If you leave early this is legally abandonment and you are still responsible for paying rent for the duration of the tenancy That's true. ... if you do leave next month I'll consider you in rent arrears and pursue payment through legal means That is possible - but if you give notice as described above, then the tenancy will end, and (assuming you're up to date with the rent) you'll no longer be liable.
If the property has been transferred to HUD in a reverse mortgage foreclosure, the family has no authority to sign anything and the country records are simply not up to date (it is not unusual for county real estate records to be one to six weeks behind being up to date based upon how busy the recording office is and how many staff they have, often they are further behind in the summer and around Christmas when employees tend to take vacations). HUD can sign the easement, and so can any successor owner. Whether they will or not is another question. Even if the foreclosure were not quite complete, any action taken by the family after the foreclosure was commenced would be invalidated once the foreclosure was completed.
There are two issues, one is the legal issue of whether what you are doing is a crime, and the other is the evidentiary issue of proving that that is what happened. If you take the phone home with the intention of keeping it ('finders keepers') then you have committed larceny (sometimes called 'theft', sometimes correctly). This specific type is called 'larceny by finding'. If you take the phone home with the intention of finding the owner then you have not committed larceny because you have not committed the mental element ('mens rea') of the offence: you don't intend to permanently deprive the owner of their rights. However, and this is the evidentiary issue, if hypothetically you were found in possession of the phone then the police might not believe your explanation and a court might well convict you of larceny. P.S. Firefox has marked 'evidentiary' as a spelling error and suggested 'penitentiary' instead. :s
One option is to bring a civil lawsuit to obtain a court order for the return of your property, something that usually proceeds on an expedited schedule (often one to three weeks from filing to an order). The traditional name of such a lawsuit is "replevin" although the modern and minority terminology for this kind of lawsuit is civil action for "claim and delivery." You could ask the police to intervene, and they might do so, but are not required to do so without a court order. This can take the form of a criminal theft charge, or could take the form of what is called a "civil assist" when the individual comes to the place where the property is held in the presence of law enforcement which assures a peaceful transfer. Sometimes a court in another matter such as a divorce, or domestic violence criminal case, will enter an order authorizing or directing that a civil assist take place. The appropriate remedy depends to some extent upon the reason given for not returning the property. One valid defense to not returning property is that a lease created a lien in the personal property left at the premises for unpaid rent, or a lien for moving and/or storage charges. The availability of such liens varies from jurisdiction to jurisdiction and based upon the precise details of the situation. Another valid defense would be that the person in possession of the property was not satisfied that they knew who owned it.
Clean your tub. Scratch that off the list. Typo - forget about it, there is nothing here, clerical errors are curable if not outright reasonable. In CA your landlord can enter under certain circumstances. All but emergency require notice, agreement, or your presence. But what is your remedy? A civil suit for damages or call the cops and try to get the landlord charged with criminal trespass under CAL. PEN. CODE § 602.
You inspected the property online and based on that inspection you signed the lease. You have a legally binding contract. Now, it is not at all like the pictures How? I mean, are these pictures of a different house? If that is so then your contract is void for fraud. However, if the pictures are of the actual house and you just imagined from them that the house would be other than it is then tough luck for you. the stairwell in the house is a huge safety hazard for children OK. Does it comply with relevant building codes? If not then the landlord needs to bring it up to standard: you cannot walk away from the contract. Is it in need of repair? If so, the landlord needs to repair it: you cannot walk away from the contract. If it is compliant and in good repair and you think it is a hazard notwithstanding then you need to manage that hazard: this is not the landlords problem. I refused to move into the house That's fine: so long as you keep paying the rent there is no obligation on you to move in. If you stop paying the rent then it would appear that you have repudiated the contract and the landlord can sue you for damages - probably the costs of finding a new tenant and the rent up until that tenant takes over.
The official website of the french administration gives details under which conditions a landlord can end a lease in France. As a general rule, the landlord cannot end a lease unless meeting certain conditions. The landlord has to send a letter to all of the tenant (all of them if multiple) named on the lease, and the spouse of the tenant even if not named on the lease. The letter has to be sent at least 6 month before the end of the lease if the residence isn't furnished, or 3 months if the residence is furnished. The letter must contain the reason for the ending of the lease. There are 3 causes the landlord may use to end the lease: The landlord plans to make the residence the primary residence of them, their spouse / partner (of at least 1 year) / PACS partner, or an ascendant or descendant of the landlord or their spouse. The landlord plans to sell the residence. In this case, the tenant has the priority to buy the residence if they wish. If the tenant take the offer, the landlord is obliged to accept the offer. The landlord can also sell the residence with the lease, in which case the lease is transfered to the buyer. Under legitimate and serious cause, including but not limited to not paying rent / regularly paying the rent late, causing trouble to the neighborhood, subleasing the residence... If the tenant contests the cause, the landlord will have to justify to a judge the reason the cause of termination. In this case, the landlord can have ground to end the lease before its end date. Otherwise, the landlord cannot end the lease, and the lease is automatically renewed at the end date without the need of explicit communication. A tenant can be protected if they fall under certain conditions. I don't find anything protecting people with a child, but if the tenant is older than 65yo / taking care of someone older than 65yo and the tenant earns an income lower than a certain limit a given year Then the tenant can be protected from these causes, unless the landlord is also older than 65 or earns an income lower than the same limit as the tenant or offers to help relocate the tenant to another residence close to the first residence which also accomodates to the need of the tenant. Note that, if the ex-tenant found that the cause given by the landlord was fraudulent (for example saying they'll use it as a primary residence but lease it to another tenant), then the tenant can bring the case to court and get indemnized as indicated here.