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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24259
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Would my landlord be allowed to evict my 5 year old daughter

Customer Question

Would my landlord be allowed to evict my 5 year old daughter and I because I allowed my 19 year old daughter to move in due to an emergency situtation?
Even besides the fact that the landlord gave me a deadline of close of business on Sept. 17 to provide a Rental application, driver's license, social security card, birth certificate and credit report
Then by Oct. 2 I called and inquired about what was going on i was verbally told that they were making a decision on whether to charge more for deposit
Then on Oct. 16 I was phone texted and told that my 19year old daughter is not approved to go on the lease beacuse of verbal incident that happened which involved the police being called?
I'm asking becasue i was told by the police officer that neither my older daughter and I can just simply be asked to move without an eviction process, but i fell that I WAS NOT IN VIOLATION Because by Oct.2 it was 2-weeks later and to me a implied consent was made, the landlord was just trying to deciede on whether to charge more money for deposit.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Are you under a written lease for a set term or are you month to month?
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How long have you been living there?
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Does any lease agreement limit the number of people who can live there?
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Have you actually received any written notice of a lease violation at this point?
.
.
Thanks
Barrister
Customer: replied 1 year ago.


1) Written lease 1 Year up on Jan.31, 2014


 


2) As of today Its been 8 months


 


3) The lease agreement does not state anything about only a set number of people can live there.


a. It states and I'm trying to remember the basics because i do not have the lease with me. "Unauthorized persons may not live in premises without prior pre-approval and/or approval to be added to the lease; if not subject to increase in rent"


 


4) I received an email on Sept.16 that says I was in violation of lease, but that eviction proceedings have not been processed and that this was a warning email IF the landlord did not receive the requested documents from my daughter by close of business that day. I provided everything that was asked by the next morning when everything was received from my daughter


 


5) On Oct, 2 I inquired about it and she said that "they" were still making a decision on whether to charge more money for deposit but they did not say my daughter was not approved to be there. By that time my daughter had already been there for more than 30 days and more than 2 weeks after i provided her the information


 


6) I have a verbal incident with my daughter on oct.15 and i called the police and I wanted my daughter to move and the police said i can not do that and the landlord could not do that either without evicting both of us or something like that.


 


7) my thing is by Oct. 2 was more than enough time for them to make a decision besides the fact she only gave me 24 hours to respond to her and now that I had to call the police because my daughyter and I had a disagreement now she is trying to force me to make my daughter move out or shes threathening to evict me and my younger daughter out of the house?!


 


8) Mother and daughters fight sometimes but we are fine, nothing was damaged and my rent is paid on time every month; my daughters and i only have each other and i should not be forced to move because me and her had a disagreement and the police came out, when just 2 weeks ago a man was murdered not more than 5feet from my front door?!

Expert:  Barrister replied 1 year ago.
Ok, if the lease states that unauthorized people can't live there without permission from the landlord, then they would have the right to consider this a lease violation if your older daughter was allowed to live there without permission. The fact that they took a while to reach a decision wouldn't mean that they waived the right to call this a violation.
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However, under CA law, they would have to first give you a formal 3 day notice of lease violation setting out the violation before he could terminate the lease. (Code of Civil Procedure Section 1161(2)-(4).)
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So if they haven't given a formal 3 day notice terminating the lease contract, then at this point they couldn't then proceed to evict. They have to follow the proper steps to terminate the lease first before they could file a formal eviction action in court to retake legal possession of the property.
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But to answer your question directly, no, the landlord can't force you or daughter to move out until he gets a written order of eviction from a judge.
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.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24259
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


What legal way can I get my older daughter to move out without having to go to court and risk me and my younger daughter being put out of our home? Or having a eviction on my records? My older daughter is 19 years old; my younger daughter is 5 years old.


 

Expert:  Barrister replied 1 year ago.
Well, from a purely legal perspective, you are daughter's landlord since you allowed her to move in and she is not on the lease. Since you are her landlord, you can terminate her teancy with a 30 day notice to vacate. Then if she didn't move out within that time, you would have to pursue a formal eviction, called an unlawful detainer, through the courts to get her out.
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The problem is that the landlord may not wait that long before delivering a notice of lease violation to you and evicting everyone.
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So as soon as he gives you a formal written notice, you can try to talk daughter into moving somewhere else so you don't all get evicted. Since you did a favor for her in letting her stay, and she is an adult, with any luck, she will voluntarily move out.
.
.
Thanks
Barrister

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Barrister
Barrister
Lawyer
24259 Satisfied Customers
14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs