Legal Question in Real Estate Law in California

Is it illegal to request the evacuation of a premises, give a short and very unrealistic time to do so, and on top of that, not present any legal documentation supporting the request?

Asked on 9/28/13, 1:21 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law
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First, we would have to know the parties involved and their relationship. Is this a landlord-tenant situation, or the sheriff after a foreclosure, or the Federal Emergency Management Agency?

Then, an attorney would ask, "What do you mean by "request?" It's not illegal for me to request my neighbor to evacuate his house, but if he laughs at me and says "No way!" I'd better not elevate my request to a demand.

Finally, people differ on what they mean by the term "illegal." Lawyers tend to think of robbing a bank or running a red light as illegal, but don't usually employ that term to stuff that can get you sued, like breaching a contract or even careless conduct that causes harm to another and results in a tort lawsuit. However, people in casual non-technical conversation often use "illegal" to describe not paying your rent on time or leaving a banana peel on the floor to be slipped on.

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Answered on 9/28/13, 2:00 pm


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