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smulligan · Apr 24, 2012, 02:36 PM

Can my landlord kick me out if my boyfriend has lived with me for 3 years? I've lived in the same apartment for 6 years. My boyfriend moved in with me three years ago. My landlord has had knowledge of this the entire time. Suddenly, I get a 3-Day notice to quit for having an unauthorized occupant. Can she do that?

AK lawyer · Apr 24, 2012, 02:45 PM

Depending on where you are, I don't think a 3-day notice is sufficient. Perhaps you meant to write "30-day notice"?

Does your lease provide that the landlord must approve all occupants? If so, it's arguable that the landord has waived that provision.

You do have a lease, right?

ScottGem · Apr 24, 2012, 03:20 PM

ANY question on law needs to include your general locale as laws vary by area.

In some places a 3 day notice can be used when there is a breach of the lease. There is also a big difference between your title and your question.In the title you mention a new landlord. But in your body you say she has known about it the whole time. So which is it? There is a different answer depending on it. Also does your lease specify about occupancy. If you expect help you need to give us the proper info.

smulligan · Apr 24, 2012, 03:21 PM

She left a 3-Day notice to quit or cure. I'm in CA. We had a 12-month lease then moved month to month. It has not been a secret that he has lived there.

There are three people on the origunal lease. One was my Mom who passed away 3 years ago. The others are myself and my daughter

ScottGem · Apr 24, 2012, 03:27 PM

You didn't answer what the lease said about adding occupants. But here's the thing. If he moves out you don't have to. That's the cure.

If he doesn't move out then the landlord goes to court for an eviction order. This will require a hearing. At the hearing you provide proof of how log he has lived there and that the landlord was aware he has been there for 3 years. Then its up to the judge to decide whether the landlord ceded her right to object by inaction.

Fr_Chuck · Apr 24, 2012, 03:54 PM

Was the landlord officially notified of the new person when they moved in?

How can you show in court that the landlord was or should have been aware

AK lawyer · Apr 24, 2012, 05:48 PM

"... If the three-day notice is based on [violation of any provision of the lease or rental agreement], the notice must either describe the tenant's violation of the lease or rental agreement, or describe the tenant's other improper conduct.. . " California Tenants - California Department of Consumer Affairs

The notice may not be adequate, unless it says something like "for violation of that portion of the lease which prohibits occupancy by unauthorized persons".

Again, what does the lease say? And what exactly does the 3-day notice say as the reason for the notice?

ballengerb1 · Apr 24, 2012, 08:29 PM

Did we ever figure out if this is a new and different LL?

smulligan · Apr 25, 2012, 07:09 AM

The original person I signed the lease agreement with is the Father, also the owner of the property, of the
'manager". He recently became ill and the daughter has taken over. I have rent receipts with my boyfriends' name on them (meaning that they received money from him right?) going back to 2009. The 3-day notice states only that there is an unauthorized occupant. The original manger, that was on sight has been fired. He was the one we notified when the boyfriend moved in.

ballengerb1 · Apr 25, 2012, 07:14 AM

Thanks for clearing this up, the idea that the LL gave up his right to enforce the lease may be out the window. What exactly does the lease say about who and how many people can live in the unit? His name on the recipt does nothing to help your situation, sorry.

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

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 everyone's 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

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 harassment 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 that's 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 boyfriend sits in, but CA law is very clear. Shutting off electricity is not allowed and would open her up for a serious lawsuit. Yoiur boyfriend should know this or be able to find it out easily.