Posted by Rich-CA on June 05, 2007 at 23:15:44:
Do you have the deed or can you get it copied from the Recorder’s office showing you as 1/3 owner? if so, just show up at the eviction hearing and present your case as being an owner, not a tenant. That should get the eviction killed quickly.
However, if you have a separate agreement to occupy the property whereas the other owner do not live there, then the eviction may get referred to the regular courts.
urgent need help fast i/3 owner - Posted by ROBERT WILBURN
Posted by ROBERT WILBURN on June 05, 2007 at 07:08:05:
im an 1/3 owner deeded tenant in common.will someone pls. explain to me how i can be evicted by the other 2 owners.they have filed and eviction with the court to have me evicted from the property.stating that they are the landlords and im the tenant, and that i owe they back rent.hired and Att.who filed an motiopn to dimiss,now hes informed me that i have to depoist $4000 with court (money that i dont have)i believe my Att should have filed an motion on to heared on the dipute that i dont owe them any rent(believe my att failed me badly)! need help urgrently.anyone
Re: urgent need help fast i/3 owner - Posted by Frank Chin
Posted by Frank Chin on June 10, 2007 at 07:44:04:
Robert:
I might agree with Rich that as a 1/3 owner, the other two cannot technically EVICT you. But were you planning to live there for free??
If my dad passed away, with my siblings out of state, it wouldn’t feel right to me if I just moved into his place, rent free, and tell my siblings “go fly a kite, I’m a 1/3 owner”.
The others can start a “partition suit” to sell the place, which I admit is hard to do if the 1/3 owner refuses to leave and make a mess of the place. But then, is it FAIR??
Frank Chin