Legal Question in Landlord & Tenant Law in California

My lease expires at the end of the month. I have already moved out. My son, who is 20, says he will not leave. He says he intends to stay and they will have to evict him. The lease is not between him and the owner, just me. What will happen?

Asked on 5/10/13, 2:02 pm

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

Why does your son think that he thinks somehow he gets a free ride. If he stays he may be subjecting you to damages and a lawsuit.

Tell him to grow up.

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Answered on 5/10/13, 7:43 pm

Daphne Macklin Law Office of Daphne L. Macklin

The landlord file an unlawful detainer action against both you and your son as you were both adult household members. I recommend that you negotiate with the owner to establish that you have already vacated the unit (make sure you take all of the furnishings and personal property that you want). You also need to give the owner your new address or make arrangements to have the eviction notices provided to you so that you may timely file and answer to the matter. If the landlord is understanding, he or she may be willing to dismiss the action as against you and proceed only against your son. On the other hand, landlords are like anyone else and want some assurance of payment. If your son has no source of income and is in all likelihood judgment proof, the owner may not be willing to dismiss the action against you and proceed to a money judgment which will be enforceable against you, personally, as well as your son.

If that occurs, you may need to consider suing your son in Small 'Claims Court. I would see if mediation would work in this case. I would be more concerned that your son is damaging the unit and you may be held liable for his conduct as he entered the property under your authority. Good luck with this.

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Answered on 5/10/13, 7:44 pm

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