Hi I have an unlawful Detainer hearing on mon 9-13, Its a long story but My father asked me to come home and bring my things, after I losing my house after 13 years, he has developed dementia, and now my brother has taken him to victorville and is now trying to kick me out.. According to the recorders office he is not power of attorney, Anyway, he did not serve me with a 30 day notice nor did he post it.. Why would my dad have me come home and then kick me out I maintain the property, I never was charged rent, I dont even know what rent would be.. Can someone please help me the hearing is on monday and my brother is sending an attorney,,,, Thanks
Landlord / Tenant Lawyer
Ok, you also need an attorney, or you might find yourself out of a place to live. The fact that he did not serve you with a 30 day notice is a defense, but the Judge has to believe you over your brother. Also, if your brother does not own the property, he does not have "standing" to bring the unlawful detainer. If he says he's the agent for your Dad, that's a fact that needs to be proven.
Seriously, hire an attorney for this. Your hearing Monday is known as a "trial" and trials are difficult to do without knowing the rules of evidence.