Legal Question in Landlord & Tenant Law in California

I (Colette) am watching a owned home for owner. (Valentina) she is in Italy, and has been for11months. An oral agreement was made between Valentina) and a girl (Melinda) w/ 2 11 yr. old TWIN boys (Jacob & Jamie) to rent a room in this house that the owner (Valentina) lives in for 500$/mth. in Oct.2009. She has NEVER paid a cent of rent or utilities, water ect. and her boys also have made ALOT of damages(vandalize) throughout the property and . none of that has ever been repaired either. The owner is in the process of receiving her visa to return back here for she is married to a us citizen for over 10yrs.She has California D.L. Shes detained on a expired student visa ) Had to emergency fly back to Italy for was suddenly notified that her mother was terminally ill and wanted to be with her and let her see her baby grandson before her passing. When arriving in the states was held an sent back to Italy.. I have also been doing that paperwork for her.( Valentina) should be back to the states very soon...The owner (Valentina) wants her out of here as soon as possible.!!! Before going to Italy the owner (Valentina) verbally told her she needs to look for a place, and I as well.,with no luck of (Melinda) making any change in that she is still here.Melinda was a mutual friend (aquaintience) of both myself and the owner (Valentina)& her husband for about 10 yrs. After reading the California tenants book I am wondering if I am able to classify her as a "lodger" which would speed up the process of getting her out., Is that possible ,and if so, how ?? I obtained the Los Angeles detainer booklet paperwork and fee waiver paperwork to fill out to file from the superior court the other day. also was told I have to file it in Chatsworth, California.If someone could please help me with this it would be so greatly appreiciated . by the owner(Valentina) and myself , for that (Melinda) and 2 boys sleep in bdrm next to me ,We are not friends any longer and this is causing me severe stress and damage to my relationship with my boyfriend/fiance of 4 yrs. and has left me until I take care of this matter.... of getting them out. I also am upset, you try to help someone out and lose all the way around. I left my e-mail and here is a phone# (818)284-7741. My name is Colette. The owner is Valentina. You can call anytime Sometimes I miss the calls because we don' t always get great reception up here . thank you. Respectfully , Colette and Valentina..


Asked on 3/30/11, 10:50 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

First, you cannot classify her as a lodger, as it has to be a single individual, not a woman with two children. Also, the statute covering lodgers provides that they have to be renting from the owner-occupant of the home. Since Valentina is not living in the home, you simply cannot classify her as a lodger. She is a tenant, and Valentina will have to evict her using the traditional landlord-tenant rules. The biggest problem you face is that you, as her tenant, do not have legal authority to file the suit on her behalf. In most courts, a "power of attorney" is generally not enough to act on Valentina's behalf in Court. The suit must be filed in the name of the owner of the property, and she will have to appear in court to testify. You may wish to contact a local (Chatsworth) landlord-tenant attorney to see what the local practice is in that Court, but more likely than not, a Power of Attorney will not cut it.

As an alternative, she can retain a property management company, and the property manager can lawfully appear as Valentina's agent, but unless you are a licensed real estate salesperson or broker with written agency for Valentina, your case will be dismissed as you lack standing to act on the owner's behalf. This is a real pickle - the best bet is for you to find a property management company willing to step in and act as her agent, then ask them to proceed with the eviction lawsuit. It will cost Valentina money, but it is about the only way to remove them.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 3/31/11, 11:58 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California