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Posts: 1
Reply with quote  #1 
Hi all,

First time poster. I have a legal question. Preemptive apologies for the long post.

To preface, I am in California. I originally rented my property to a family containing a grandmother, her daughter, her daughter's two adult "children", and one of the children's significant other. After about a year, both children and significant other left, and the daughters' new husband moved in, to which I changed the rental agreement to reflect the three people remaining.

Two years later, infighting among the family (drug use has been accused, but I have no proof) causes a rift, the adult children and the grandmother on a side, the daughter and her husband on the other, with both sides complaining to me about the other. I spoke to all parties involved, and gave them an ultimatum to decide which were going to stay, requiring written notices to vacate from those leaving. It was decided amongst them that the daughter and her husband were to leave (the ones accused of drug use), and they both gave me signed notices, the husband backdated to the 1st of the current month, the daughter's dated the 25th of the same month. 

The next day, the grandmother filed a temporary restraining order against her daughter, prohibiting the daughter to come within 100 yards. The adult children have been staying with the grandmother for the last 2 weeks to a month, with the idea they were going to stay with the grandmother, whose health isnt very stable. I put them on the current agreement that the daughter and her husband are on until the 30 day period from her notice to vacate has terminated, after which I plan to draft a new agreement with those staying.

The daughter is now demanding that the children leave because she is worried about damage or theft of her possessions still in the house, from which she is not permitted to enter.

My question is if putting the children on the same lease is legal, as the grandmother who is on the lease is ok with it, and if the notice to vacate by the daughter ceases her right to prohibit the children from living there, or is she within her right to demand that the children leave until her 30 day period is up, keeping in mind that she has a restraining order against her.

Or can I draft a new agreement now, while the 30 days are still in effect, since I still have one person on the lease current lease staying.

This is my first rental, and my first tenants to rent to, so I am in completely over my head. Lucky me that my first one is so damn complicated.

Thanks for any help


Posts: 16
Reply with quote  #2 
Get rid of the entire lot

Posts: 3,809
Reply with quote  #3 
Wow.  I had to read twice to understand it.  If the current rental agreement states that grandma, her daughter, and the daughter's husband live there, you cannot change the agreement.  Although the daughter and husband have given notice and been served a restraining order, they still have rights to the unit. You cannot terminate their rights, nor does a temporary restraining order terminate those rights.  It is, after all, only temporary.  Until they voluntarily vacate and confirm this with you, don't change anything in the lease.

Second, the matter of the adult grandchildren.  They shouldn't live there.  They are not on the lease and have no rights to the unit now.  They were removed from the lease when they moved out.  However, grandma is entitled to guests and to have medical help for her health.   She can have them help her temporarily, rather than be left all alone to fend for herself.  But she needs to understand this is a temporary arrangement and cannot continue forever.

The adult daughter has no right to prohibit the grandchildren from visiting or helping grandma.  Who can visit another tenant on a lease is a matter for the tenants to settle among themselves.  Stay out of the fight.

Lastly, I agree with the above poster.  Too much drama.  If the lease is up, get rid of the lot and start over with fresh tenants.
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