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  1. #1
    Join Date
    May 2013
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    Southern California
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    Default Can You Be Required to Pay Rent to Stay in a Bedroom in a Parent's Home

    My question involves landlord-tenant law in the State of: California
    Hello all first a bit of history, I have been a resident at my mom's house for many years and have been asked to stop caretaking mom due to a disagreement. I believe I was correct in the disagreement, however my sister covered her mistakes with mistruths and accusations against me. She made convinced several people that I was a bad person after 4 1/2 to 5 years of caretaking.

    This is my problem the POA is asking me to pay rent on a single bedroom or move out( my brother is POA). The bedroom has bad air coming in from the crawlspace of the house which bothers me. I require a fan blowing air in from outside in order to sleep and it's cold too. Please let me know what to do. I asked a lawyer on phone but he said no order means he cans talk to me. Should I wait for order to pay or quit?

  2. #2
    Join Date
    Oct 2016
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    4,301

    Default Re: Notified to Start Paying Rent

    Thanks for the history. Now, how about a bit of question. If you are asking if you can be charged rent to live in your mother's house the answer is, yes.

  3. #3
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    Default Re: Notified to Start Paying Rent

    What about the unhealthy condition with bad air from crawlspace???

  4. #4
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    Jan 2006
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    38,867

    Default Re: Notified to Start Paying Rent

    What is unhealthy about that air?

  5. #5
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    May 2013
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    Default Re: Notified to Start Paying Rent

    It gives me discomfort and pain in my sinus and other respiratory problems ( cough) etc

  6. #6
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    Mar 2013
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    Default Re: Notified to Start Paying Rent

    Quote Quoting matt291
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    What about the unhealthy condition with bad air from crawlspace???
    You've known about it and lived with it for years. You don't get to complain about it now that you have to pay rent. If you don't like the living conditions for which you have to pay rent, you find yourself another place to live that is more to your liking.

    Or, you negotiate a lease or rental agreement with the POA where the condition is resolved in exchange for you paying rent.

  7. #7
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    Jan 2006
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    38,867

    Default Re: Notified to Start Paying Rent

    Quote Quoting adjusterjack
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    You've known about it and lived with it for years. You don't get to complain about it now that you have to pay rent. If you don't like the living conditions for which you have to pay rent, you find yourself another place to live that is more to your liking.

    Or, you negotiate a lease or rental agreement with the POA where the condition is resolved in exchange for you paying rent.
    Actually if he becomes a formal tenant, yes, he does get to complain about it and can expect to be trested like any other tenant would.

    Quote Quoting matt291
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    It gives me discomfort and pain in my sinus and other respiratory problems ( cough) etc
    You’ll need to be more accurate. What is it that causes the issues?

  8. #8
    Join Date
    May 2013
    Location
    Southern California
    Posts
    28

    Default Re: Notified to Start Paying Rent

    I would have to possibly get some tests for mold or other possible health hazards done. I know I do have some allergies to dust etc and light asthma that I was told about and tested for in the past. I also recall sitting next to the door to crawl space , in the past, in becoming ill or having those symptoms. This is how I know it is a problem for me. Let me ask around at the hardware stores so I can try to narrow the possible issues for you and me. I have also realised the lawyer that said he can't help me as I have not been served yet, was not really helpful. I think he was actually just looking for a quick payday from a court date. I am now considering moving to main family home that is owned free and clear or renting a room somewhere else. Again thank you all for you time and talent.

  9. #9
    Join Date
    May 2013
    Location
    Southern California
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    28

    Default Re: Can You Be Required to Pay Rent to Stay in a Bedroom in a Parent's Home

    Quote Quoting jk
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    So it appears your option is to pay the rent demanded or find another place to live.
    Today I was given a 30 day notice of termination of tenancy and I talked to a legal representative downtown. She said since I have been there more than a year (28years approximately) I should have been given a 60 day notice.
    Mr know-it-all said ".

    If your mother is mentally competent, then the decision is hers. If she is not, while her properly appointed attorney-in-fact can act on her behalf he must do so within the confines of the law.

    Here's the rub: If he's empowered to act and your room is not a lawful rental unit, as is likely the case, then he should not use his authority to rent the room to you -- but he could still use his authority to tell you that you need to vacate, and to bring an ejectment action if you do not." Which means he can push me out legally, and has already given notice to me.
    I I choose to stay and face eviction that eviction will be a black mark on my record when I go to rent another room elsewhere.
    If I leave in 30 days then I will have no black marks on record(eviction) thanks it's clearer now. Thank you all again.

  10. #10
    Join Date
    May 2013
    Location
    Southern California
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    Default Re: Can You Be Required to Pay Rent to Stay in a Bedroom in a Parent's Home

    Quote Quoting oldfartWbeard
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    You have referred to the relative who has a power of attorney several times but you didn't say if this relative also has legal guardian status regarding your mom. There is a difference , ............Legal guardian doesn't need consent to open a checking account for the person they have guardianship of , where as a power of attorney might not give to someone anything more than the ability to manage money or to sign for them at the doctors office, sign or renew leases, talk to the utility companies . SO do you know which it is or can you find out ?
    most likely Power of Attorney only but I am not sure. I do know he stated he needed POA and got it. He has been managing mom finances for past five years and renting rooms out ( to just about anybody with money in pocket- alcoholics , homeless etc. ) Also has attempted refinance of house too.
    Thanks

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