Can landlord’s daughter evict us even though she is not on the rental agreement?

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Can landlord’s daughter evict us even though she is not on the rental agreement?

Our landlord’s daughter said she is taking over the property and said we are behind on rent. She doesn’t have receipts to prove it because I asked to see them.

Asked on October 6, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The landlord does not have to do everything him- or herself: he can hire a managing agent, or delegate the work to an employee or family member. So if the landlord is having his daughter manage the property for him or her, then the daughter has the same rights to take action as the landlord would. If you have not paid your rent on time or in full, you can be evicted. If the landlord--or his daughter, acting as his or her employee or agent--believes you are behind on rent, they can filed an eviction action. If you have in fact paid the rent, you will then (in court) have the chance to show your receipts or proof of payment, and if you can prove payment, you can't be evicted. But if you can't prove payment of the rent, you could be evicted.


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