Boyfriend has lived with me for 3 years now suddenly the new landlord wants us out

ScottGem · Apr 25, 2012, 07:56 AM

Yes, that cleared this up, but unfortunately, it makes your position more tenuous. The daughter can claim that the manager overstepped their responsibility by allowing an unauthorized occupant and that the landlord was not made aware of the existence of said occupant.

So you have some choices that I see.
1) move out within the 3 days (or before a court date)
2) have just the boyfriend move out
3) try to fight it in court (but I think the best you will get is more time to vacate)
4) negotiate with the daughter to add the boyfriend probably at a higher rental

Btw, if the notice said 'unauthorized occupant', that would seem to fulfill the requirements AK mentioned.

LisaB4657 · Apr 25, 2012, 10:37 AM

I don't agree with the above answers.

Before the previous manager was fired he was the authorized representative of the landlord. If the OP notified the manager that the boyfriend was moving in, and the manager continued to accept rent from the OP AND the boyfriend for approximately 4 years, then I believe a court would find that the boyfriend became an authorized occupant and could no longer be considered an unauthorized occupant.

The fact that there is a new manager in place does not mean that the boyfriend can suddenly be deemed an unauthorized occupant when he was previously deemed authorized by the landlord's prior agent.

I would fight this in court.

ScottGem · Apr 25, 2012, 11:09 AM

Quote:

Originally Posted by LisaB4657

If the OP notified the manager that the boyfriend was moving in, and the manager continued to accept rent from the OP AND the boyfriend for approximately 4 years, then I believe a court would find that the boyfriend became an authorized occupant and could no longer be considered an unauthorized occupant.

A valid point, assuming the manager was aware of and accepted the occupant. Better answer than mine. However, clearly the daughter wants you out. Even if you win, it would be a good idea to find a new place to live.

smulligan · Apr 25, 2012, 11:52 AM

Yes, we are looking for a new place but will probably need some time. She served notice on four other tenants. One moved their elderly mother in with hospice. The daughter of the owner of the building is a bully and we do not wish to continue to be here anymore anyway. Just wanted to hear everyones advise. Thank you everyone! By the way, my boyfriend is a Judge but we are not familiar with real estate law.

ScottGem · Apr 25, 2012, 12:15 PM

Quote:

Originally Posted by smulligan

By the way, my boyfriend is a Judge but we are not familiar with real estate law.

Your boyfriend is a sitting judge? Is she aware of this? OMG is she going to be in for a surprise if she takes this to court. No judge is going to rule against another judge unless there is clear and compelling evidence of wrong doing.

How many tenants are there? Could she be trying to clear the building for a conversion or sale?

smulligan · Apr 25, 2012, 02:01 PM

She knows what he does but doesn't care. She's a bit arrogant. I do get the impression that they want to sell the building as over the past 6 months, approximately 12 people have been forced to move. Less then 1/2 the building is currently rented Mostly due to harrassment from her. She's turned off peoples electricity, towed their cars if she doesn't recognize them, walks into units uninvited, etc. There are 36 units and no on-site manager anymore. Two units have toilets backing up into their bathtubs since last Wednesday and she won't return their calls. It's just unbearable

ballengerb1 · Apr 25, 2012, 04:18 PM

Here is my confusion. She turns off tenants electricity, your BF is a judge and doesn't know thats illegal or what to do about it. I am neither a judge nor an attorney but know what do do when the owner violates the law.

ScottGem · Apr 25, 2012, 05:49 PM

I have to agree with ballenger. I don't know what court your bf sits in, but CA law is very clear. Shutting off electricity is not allowed and would open her up for a serious lawsuit. Yoiur bf should know this or be able to find it out easily.

Boyfriend has lived with me for 3 years now suddenly the new landlord wants us out

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