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Rental laws are by state, and I'm not at all familiar with California laws, but in Wyoming what he did is the first step in an eviction process. When I evict someone, the first thing I must do is post the notice to evict. (I think only 3 days is required.) At that point, if they haven't moved out, I get my attorney involved, set a court date, supply the paperwork for the court and wait. (Usually a couple weeks.) The judge then orders them to move, and that's posted by a sheriff's deputy. At that point they normally only have a day or two to move out. I can then garnish wages for back payment (as the court orders).
You have a mess. I'd strongly suggest that you contact an attorney to find out what your options are. Hopefully you can prove that you furnished the $12K down payment, and hopefully you can get that back. Anything not in writing will be hard to prove. Good luck.
it was OUR home, just in my father-in-law's name. His minimum monthly payment was around $500 which is what he initially told us we would be paying but since it was in his name, he required us to pay $1500 a month.
What kind of paperwork agreement do you have with your father in law. From what you have said so far, it appears your father in law bought a house, you rented it and made it look nice. So far, I don't see any type of "legal" claim on your behalf to any sort of ownership at all. Other than your word.
I'd just like to also point out to the OP, that if you let this get far enough that FIL files an unlawful detainer to evict you, that will go onto your eviction report. With bad credit AND an eviction on your report, your chances of buying/renting somewhere won't be good.
That's why I really think you should try to pay and stay. And also talk to a lawyer. But, I highly advise you to avoid letting FIL take this to eviction court, if there's any way around it.
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