Property Q&A in Oakland>Question Details

Chercerv, Home Owner in Oakland, CA

A tenant Or not a tenant?

Asked by Chercerv, Oakland, CA Tue Aug 14, 2012

My mother's home is a residental Property. The uP stairs duplex is also a non rental unit (legally). a daughter has lived up stairs for 25yrs giving mother $200 Per month. There is no rental agreement or rental contract. The living agreement is between mother and daughter,daughter lives in 3Lbedroom duplex up stairs. Mother now has Demetia. Power Of attorney requested $500 rent change. Daughter refuses to pay and threatens to report needed repairs to city of Oakland out Of revenge. Can power of attorney "evict" daughter to Prevent legal issues which will be brought on to mother?

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The reason I recommend Len Tillem (other than the fact that he has an office in Oakland) is that this is the type of situation he deals with on a regular basis. He is a specialist in both elder law and trusts who understands the intricacies of this exact type of situation.
0 votes Thank Flag Link Tue Aug 14, 2012
Get your self a good lawyer.

Clifford Fried would be a very good choice.
0 votes Thank Flag Link Tue Aug 14, 2012
I agree, this is so sad. Also, agreed, you need to talk to an attorney, but I would emphasize LOCAL attorney, in Oakland or Berkeley, who knows the Oakland rent ordinances. Every city has different ordinances regarding rental agreements, terms, and evictions. Someone can claim to be a renter and have a legally valid claim, even without a written lease or agreement.

You need an attorney to help you sort this out.

In my experience, using a local real estate attorney is the most efficient and least expensive way to go.

I strongly recommend John Gutierrez, who is an experienced real estate attorney, with knowledge of tenant law. He is based in Oakland/Berkeley: 510-647-0600.

Good luck,
0 votes Thank Flag Link Tue Aug 14, 2012
Ellen ---as an FYI, both attorneys I recommended, like me, choose to live in Alameda and still practice in Oakland. That's pretty local, right? And both attorneys have property management companies and landlords as clients and as such, should be quite knowledgeable about tenant law.
Flag Tue Aug 14, 2012
Oh my goodness....

This is so sad....the mother will definitely need some help. So please consult an attorney, especially one who is familiar with Oakland housing rules and regulations. Carl has given you a resource. And if you need one more, you may want to also talk with

Michael Notaro
Law Offices of Michael R. Notaro
2219 Santa Clara Avenue
Alameda, CA 94501

Telephone: (510) 522-2666
Facsimile: (510) 522-2602


Christopher Hanson

2245 Central Avenue
Alameda, CA 94501
Phone: 510.521.9181
Fax: 510.769.1753
0 votes Thank Flag Link Tue Aug 14, 2012
I recommend you contact Len Tillem and Associates. They deal with this exact type of situation on a regular basis and are best qualified to answer this question and provide the legal support you need to rectify this situation.

Len Tillem & Associates
846 Broadway
Sonoma, CA 95476
(800) 996-4505

They also have offices in Walnut Creek and Oakland. They specialize in trust issues and elder care/abuse.
0 votes Thank Flag Link Tue Aug 14, 2012
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