What is the name of your state (only U.S. law)? California
Hello,
I need some good advice. I find myself in a real bind because I was trying to help someone out. I'll try to make it brief, but there is a lot of back story.
My son, his mother (Ana) and I were living in the same home for 5 years. This Mexican man, which had been doing odd jobs for my father, came by one day to give me an estimate on a fence job. While he was there, he noticed my storage shed in the back yard. He then proceeded to give me a sob story about how he was about to get kicked out of someone's garage, and pleaded with me to let him stay in the shed. I took pity on him and agreed to let him do so, in exchange for keeping up the yard and some other odd jobs. After living back there for 3 months rent free, I only asked that contribute $60 a month just for water/power.
Shortly after wards, Ana and I separated and I moved out, while the man remained there. According to Ana, he would not really maintain the house as agreed, and was not reliable in making the trivial payments asked of him.
Anyhow, several months pass, and Ana starts telling me that he has been sexually harassing her and making her very uncomfortable, and that she wants him out. This is now about a year later.
So, being concerned for her safety as well as that of my 7yo son, I posted a 30 day notice to vacate. Now, I know this is not a typical arrangement, being that there is no lease, and it's not even a legal housing unit, just a freakin' storage shed, but I wanted to give him the usual courtesies.
Now, in order to avoid confrontation with the man, the reasoning we left on the notice was that a cousin of Ana's was moving into the unit so we needed him out. This was just a story, of course. No one else was gonna live back there.
He goes on to cry about how he can't find any place else and bla bla bla. 30 days goes by and he's still there, so we agree in good faith to give him another 15 days.
Now, Ana was very reluctant to do even this, because she was literally terrified of this man, so much so that she would not come home until late and sneak into the house. Nevertheless, she agreed.
Another 15 days goes by, and he has not moved out. I tried to talk Ana into letting me move back in there and take care of this matter while she stayed with her mom's or something, but she didn't want to. She's just freaking out and wants him out no matter what.
So one day while he's out, I go back there and change the locks, but not before Ana consulted the Sheriff's on the matter, who told her it was ok since there's no lease.
A day or two later, the man shows up at the house with the police. Upon seeing that it's just a storage shed and not a legal housing unit, they refuse him re-entry.
My father then tried to call him about making arrangements to give him access to go pick up his stuff. He stands him up twice, but finally comes by to get his junk.
Some time later, we receive a letter from some free legal agency that he had consulted. We responded with a letter explaining everything I have explained here. We didn't hear anything after that.
And now, several months later, Ana and I have been served to appear in court! Apparently, he's suing us for $5,000 in relocation fees! WTF ???
The service is full of lies, of course, stating we didn't let him get his stuff. He stood up my father at least twice, who was waiting to give him access to his crap. He finally did get it out, however.
It also has the wrong date for notice of eviction. I have a copy of the notice, as well as a copy of the letter I sent the legal agency, which he claims we ignored.
That's what we get for trying to help someone! He abuses our generosity and then tries to sue us for it!
Please help me! Does this man have any case?
Hello,
I need some good advice. I find myself in a real bind because I was trying to help someone out. I'll try to make it brief, but there is a lot of back story.
My son, his mother (Ana) and I were living in the same home for 5 years. This Mexican man, which had been doing odd jobs for my father, came by one day to give me an estimate on a fence job. While he was there, he noticed my storage shed in the back yard. He then proceeded to give me a sob story about how he was about to get kicked out of someone's garage, and pleaded with me to let him stay in the shed. I took pity on him and agreed to let him do so, in exchange for keeping up the yard and some other odd jobs. After living back there for 3 months rent free, I only asked that contribute $60 a month just for water/power.
Shortly after wards, Ana and I separated and I moved out, while the man remained there. According to Ana, he would not really maintain the house as agreed, and was not reliable in making the trivial payments asked of him.
Anyhow, several months pass, and Ana starts telling me that he has been sexually harassing her and making her very uncomfortable, and that she wants him out. This is now about a year later.
So, being concerned for her safety as well as that of my 7yo son, I posted a 30 day notice to vacate. Now, I know this is not a typical arrangement, being that there is no lease, and it's not even a legal housing unit, just a freakin' storage shed, but I wanted to give him the usual courtesies.
Now, in order to avoid confrontation with the man, the reasoning we left on the notice was that a cousin of Ana's was moving into the unit so we needed him out. This was just a story, of course. No one else was gonna live back there.
He goes on to cry about how he can't find any place else and bla bla bla. 30 days goes by and he's still there, so we agree in good faith to give him another 15 days.
Now, Ana was very reluctant to do even this, because she was literally terrified of this man, so much so that she would not come home until late and sneak into the house. Nevertheless, she agreed.
Another 15 days goes by, and he has not moved out. I tried to talk Ana into letting me move back in there and take care of this matter while she stayed with her mom's or something, but she didn't want to. She's just freaking out and wants him out no matter what.
So one day while he's out, I go back there and change the locks, but not before Ana consulted the Sheriff's on the matter, who told her it was ok since there's no lease.
A day or two later, the man shows up at the house with the police. Upon seeing that it's just a storage shed and not a legal housing unit, they refuse him re-entry.
My father then tried to call him about making arrangements to give him access to go pick up his stuff. He stands him up twice, but finally comes by to get his junk.
Some time later, we receive a letter from some free legal agency that he had consulted. We responded with a letter explaining everything I have explained here. We didn't hear anything after that.
And now, several months later, Ana and I have been served to appear in court! Apparently, he's suing us for $5,000 in relocation fees! WTF ???
The service is full of lies, of course, stating we didn't let him get his stuff. He stood up my father at least twice, who was waiting to give him access to his crap. He finally did get it out, however.
It also has the wrong date for notice of eviction. I have a copy of the notice, as well as a copy of the letter I sent the legal agency, which he claims we ignored.
That's what we get for trying to help someone! He abuses our generosity and then tries to sue us for it!
Please help me! Does this man have any case?