Eviction Rights In California

Summary

In California, your mother-in-law must follow legal eviction procedures, even if she owns the house. She must serve a written notice and cannot lock you out or shut off utilities. Without a formal eviction notice, her actions are illegal. You should file a report with local law enforcement and seek a court order for re-entry to retrieve your belongings and cat. Contact a local legal aid organization for assistance. To file a petition for re-entry, visit the local courthouse, complete the necessary forms, and attend the scheduled hearing. Consider seeking legal assistance immediately to address this situation.

Full Conversation

Anna
Hi Anna! How can I assist you with your legal issue today?
Can my mother in law kick me and our minor son out of the house while his son(my husband) in hospice becouse of severe stroke.House on her name. My husband paid bills for house and we lived there for 7 years.I have this adress on my drive license and in letters.She changed locks and live to another state.I can't get to house to pick up my belongings and take out our cat.
Hi Anna, I'm sorry to hear about your situation. Generally, your mother-in-law cannot legally evict you without proper legal procedures, especially given that you have been residing in the house for years.
Which state are you located in? This will help provide more specific legal information.
California
Anna, in California, your mother-in-law must follow legal eviction procedures, even if she owns the house. Here's what you need to know:
- She must serve a written notice (typically a *-day or *-day notice).
- She must not lock you out or shut off utilities.
- If you do not leave after the notice period, she must file an unlawful detainer lawsuit to evict you legally.
Have you received any formal eviction notice from her?
No
Anna, since you haven't received a formal eviction notice, your mother-in-law's actions are not legal. You might need to take immediate legal action to regain access to your belongings and your home.
Would you like information on how to proceed with this or need assistance finding legal aid in California?
Yes
Anna, you should consider seeking legal assistance immediately to address this situation. Here's what you can do:
- File a report with local law enforcement about being unlawfully locked out.
- Seek a court order for re-entry to retrieve your belongings and cat.
- Contact a local legal aid organization for assistance.
Would you like information on nearby legal aid organizations in California?
Yes

Legal Aid Society of Orange County


Phone: (*) *-*
Website: www.legal-aid.com

Would you like guidance on how to file a report with local law enforcement or more details on court orders for re-entry?
Yes
Anna, to file a report with local law enforcement:
- Visit the nearest police station.
- Explain your situation and provide any evidence, such as your driver's license and letters showing your address.
- Request a report documenting the unlawful lockout.
For court orders:
- Contact the local courthouse to file a petition for re-entry.
- Gather all necessary documents supporting your residency and the lockout.
Would you like more details on how to file the petition or assistance with anything else?
Yes
Anna, here are more detailed steps to file a petition for re-entry:
- Visit the local courthouse: Go to your county's courthouse and ask for the forms to file a petition for re-entry.
- Complete the forms: Provide all necessary information, including evidence of your residency (driver's license, letters, bills).
- File the petition: Submit the completed forms to the court clerk. There may be a filing fee, but you can request a fee waiver if you cannot afford it.
- Attend the hearing: The court will schedule a hearing where you can present your case.
Would you like further guidance on any of these steps or help with something else?
Yes
Anna, let's focus on filing the petition for re-entry:
- Visit the local courthouse: Go to your county's courthouse and ask for the forms to file a petition for re-entry.
- Complete the forms: Provide all necessary information, including evidence of your residency (driver's license, letters, bills).
- File the petition: Submit the completed forms to the court clerk. There may be a filing fee, but you can request a fee waiver if you cannot afford it.
- Attend the hearing: The court will schedule a hearing where you can present your case.
Would you like further guidance on any of these steps or help with something else?