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I have a 99 year lease can someone throw me out?

Bankruptcy and Debt 1 views 2 answers
I have cared for my mother for 7 years and sold my home to live and care for her. My niece has recently gotten conservator over my mother and is now trying to throw me out of the home. I have a 99 year lease with my mother. It is known that my mother has given me the house. She wanted to put in my name years ago but we just never did because we didn't ever think my niece would fight for my home.

Attorney Answers

2
Frank Chen ·
It is possible that your niece, who is now your mother's conservator, can take legal action including an uinlawful detainer action, to throw you out. However, if you have a 99 year lease (which in itself is quite unusual), an attorney would have to review it to advise you (1) if it is enforceable, (2) whether your niece can evict you notwithstanding the lease, and (3) assuming the lease is otherwise valid, whether there are any grounds under the lease to evict you.
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James Sansone ·
Even through you have a 99 year lease, an unlawful detainer lawsuit can still be filed against you, however, that does not mean you would lose. You need to consult with an attorney to see if the lease is enforceable. Being granted a 99 year lease by a senior citizen is ripe for your niece to claim that you mother was unduly influenced to sign the lease or that you imposed your will on her to make her sign the lease. I am not saying this is what happened, but I have seen this happen time and time again in situations like this. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1400 N Dutton Ave, Ste. 21 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 545-1522 [email protected] www.jamessansonelaw.com blog.jamessansonelaw.com DISCLAIMER / REPRESENTATION NOTICE: Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this transmission, including any attachments. The information you obtain in this response to your question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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