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  1. #1
    Join Date
    Apr 2008

    Default Eviction And Month-to-Month Agreement in California

    My friend John lived in a condo and his lease was going month to month beginning April 2007. His parents lived in a more expensive condo and wanted to move into his place to save on rent and have the flexibility of month to month. The property management company agreed to allow them to move in and pay rent month to month. The parents did not sign any agreement.

    His parents failed to pay rent for October, November, December and the landlord began the eviction process. His parents were served with paperwork in January and the paperwork included both his name and the parentís names. The paperwork was sent to John's old address in which his parents lived. John's parents failed to communicate any of this to him, nor did the property management company call him even though they had his phone number and could have communicated this information to him. John was never served with paperwork.

    Needless to say, this has been going on for over two months and John found out about it a few days ago. A court judgment was issued and his parents vacated the property days before the sheriffs would have escorted them.

    This is affecting John's credit and John needs to understand his responsibility in it. John was not notified. Is he responsible for the amount that his parents did not pay? Was it OK for John's name to be in this court judgment, even though they did not serve him with paperwork that this was occurring?

    The landlord and property management company are willing to settle and John is willing to bail out his parents. His credit is ruined now for 7 years since the court judgment was issued on him. Does John pay the settlement? If he pays the settlement, is it really settled? If he settles, how is the court notified that it is settled and that there is no longer an outstanding issue? Once the court is notified and the judgment is released, is the credit bureaus notified that the debt has been satisfied?

    Any help/guidance would be appreciated.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Eviction And Month-to-Month Agreement in California

    John was the lessor of the condo. He moved his parents in. You don't give any indication that this was a formal sublease approved by the landlord. Why would the landlord not believe that John lived in his own unit, and that service on an adult occupant would be inadequate?

    If the landlord is willing to work with him, ask about entering an agreement to reopen the eviction case, and set aside the judgment and dismiss the case contingent upon his payment.

  3. #3
    Join Date
    Apr 2008

    Default Re: Eviction And Month-to-Month Agreement in California

    Hello. Thanks for your response. The landlord and property management company agreed to allow the parents to move in knowing that John moved out. The property management company contacted John via phone two times regarding the landlord wanting to sell the property and to get his parents prepared that they might be given notice to move out. The landlord and the property management company knew that he did not live there. Was he truly served even if they knew he did not live there?

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