Check out some similar questions!

happyjackie · Apr 6, 2011, 04:42 PM

I am the only leaseholder and am in CA. I have two occupants with 614s who have paid rent for 6 months. I am back in town and as previously agreed I wish to have sole possession of my unit. The two occupants have chosen to stay rather than move on and have changed the locks. Can I serve a 3 day eviction notice for committing a nuisance? They claim I moved out, I stored most of my stuff and was traveling. Will I lose my apartment? My landlord says I have 30 days to regain control of the unit.

AK lawyer · Apr 6, 2011, 08:04 PM

Originally Posted by happyjackie

I am the only leaseholder and am in CA. I have two occupants with 614s who have paid rent for 6 months. I am back in town and as previously agreed I wish to have sole possession of my unit. The two occupants have chosen to stay rather than move on and have changed the locks. Can I serve a 3 day eviction notice for committing a nuisance? They claim I moved out, I stored most of my stuff and was traveling. Will I lose my apartment? My landlord says I have 30 days to regain control of the unit.

These two are sub-tenants? Do you have a written lease agreement with them?

Changing locks is not a "nuisance", but it may be a violation of the lease, if you have one with them.

How does your landlord figure you are in violation of the main lease? Sublease w/o permission? If so, and you have been given 30 days, you better figure out how to get them out of there within that time frame.

Fr_Chuck · Apr 6, 2011, 08:07 PM

I know on any home I rent, the tenant is not allowed to change locks without giving me a key, if they do, I merely change them and provide them a key ( and change them for the change)

Have you given them notice to do a home inspection,
But if you are still leasing there, and it is your home, you have the right to just move back in.

happyjackie · Apr 6, 2011, 08:35 PM

It is not a sub lease. The only paperwork they have names on is the 614 which states that by paying rent they do not become fellow leaseholders. I have no lease with them. Because of the 614s the landlord has always known about them, however he claims that he presently has "two occupants and no master tenant because the master tenant is unable to gain entry". I was able to get in four days ago to take measurements, right before they changed the locks. So, I served a three day eviction notice today. Is it possible they can use the laws to squat for several months until the landlord goes through this nightmare too?

AK lawyer · Apr 6, 2011, 09:00 PM

Originally Posted by happyjackie

It is not a sub lease. The only paperwork they have names on is the 614 which states that by paying rent they do not become fellow leaseholders. I have no lease with them. because of the 614s the landlord has always known about them, however he claims that he presently has "two occupants and no master tenant because the master tenant is unable to gain entry". I was able to get in four days ago to take measurements, right before they changed the locks. So, I served a three day eviction notice today. Is it possible they can use the laws to squat for several months until the landlord goes through this nightmare too?

By "sub-lease" I meant renting from you. "Sub-let" perhaps would be a better way to put it if there is nothing in writing.

I don't know what a "614" is, but the statement that they are not fellow leaseholders is a truism: they didn't sign the lease and weren't assigned an interest in it, so clearly they aren't.

I disagree with the landlord's interpretation that you aren't the "master tenant". You are, whether you are physically capable of getting inside. In fact, you should probably hire a locksmith and have a key made so that you will be able to get in. But be aware that if you make it so that their key won't work, you could be accused of wrongful ouster and expose yourself to liabilty. It's an interesting question.

It's likely that if the 3-day notice is sufficient under California law and you are then able to sue them for eviction, you will have them out within the required 30 days. But one never knows for sure.
Whatever

ScottGem · Apr 7, 2011, 04:05 AM

California Tenants - California Department of Consumer Affairs

This would appear to support using a 3 day notice since locking you out would be a violation of the lease. If you have a copy of the lease, you can go to any locksmith show them that you are the leaseholder and they will change the locks. Alternatively the landlord can do this (at your expense) by showing he owns the property.

You cannot, however, lock the tenants out without getting an eviction order. So I would advise getting the locks changed and providing them with keys. If they don't leave by the 3 day deadline, then go to court for an eviction order.

And what is a 614?

AK lawyer · Apr 7, 2011, 06:41 AM

I am still unclear as to how you got in this situation. Did you agree with them that they could live there in return for paying some or all of the rent you owe your landlord? If so, they are your sub-tenants and you cannot lock them out.