QUESTION
Can a friend of the owner who looks over the property legally evict me?
Asked on Jun 01st, 2016 on Landlord and Tenant Law - California
More details to this question:
I have tried to fight this on my own. It all started with me being served a 30 day notice. It then turned into an unlawful detained being filed. I demurred against that due to me being on the property for 5 years. The judge sustained the demurrer. So I was then served with the amended demurrer but still have never been served a 60 day notice. And the person who is trying to evict me doesn't own the property. He's just a friend of the owner who looks after it for him. So I filed an answer with the courts asking for dismissal due to lack of interest on his part. He doesn't hold a real estate license either. I go to court tomorrow to be heard and find out what's going to happen. The plaintiff has a lawyer, I do not. Do I have a chance? Please help.
1 ANSWER
Why wait until the day before the hearing. if you have been a renter for more than one year, California requires that it be a 60 day notice. You do not say what the basis of the three day notice is or what grounds you demurred on so none of us have any idea whether you will win. While the owner must be the one trying to evict you, I assume that if he gave his friend the power of attorney, and he can prove that, to handle the property, he can sign the eviction notice. Holding a real estate license seems irrelevant to me. If he does not prove all the allegations in the three day notice he should lose. However, Judges are notorious for leaning toward people they trust and like, so be nice but firm.
Answered on Jul 05th, 2016 at 6:50 PM