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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 88644
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Good morning. I have rental property in Southern California.

Resolved Question:

Good morning. I have rental property in Southern California. One of my units is occupied by a Section 8 where the state pays part of the rent directly into our account. We had an older couple living there, in their sixties; the wife passed away and the husband still lives there. No rent changed. We recently found out that he moved his mother into the home without our knowledge. Both he and the mother are very frail. He cares for his mother. If something were to happen to the son what would be our obligation with the mother? What can we do to protect ourselves? thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am assuming that you do not object to her being there at this time.

Here, she is what is known as a "tenant at sufferance." A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the landlord and may be terminated at the will of the landlord.

In California, a tenant at sufferance has very few rights, but one of them is to be evicted like a "regular" tenant. However, unlike a regular tenant, you really owe the tenant at sufferance no notice before filing for an eviction against them. California Real Estate Law, 5e; William H. Pivar, Robert J. Bruss. Confirmed by Court: "A tenant at sufferance ... is entitled to no notice before an unlawful detainer action is commenced. Roberts v. Casey (1939) 36 Cal. App.2d Supp. 767, 775 [93 P.2d 654].

As such, if something were to happen to the son, then there would be no obligation towards the mother and she could be evicted.

The matter is complicated because he is on section 8, but this section 8 does not apply to her in any way. So his section 8 tenancy rights (which are really fewer than most people think) do not extend to her.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


Hello Ely and thank you. We had an issue in the past regarding a tenant who moved into our rental and then moved her boyfriend in without our knowledge. When she became ill and moved out, she left her boyfriend in the rental and he refused to move out because by California law he became part of the lease after so many days. He also refused to pay the full amount of rent because that was what he was paying when his girlfriend was there. It was so complicated and it took us six months to evict him becasue of the law and he destroyed our property.


 


We don't mind the mother there but what can we do to avoid any problem? Should we put her name on the lease?

Expert:  Ely replied 1 year ago.
R,

You are very welcome.

I understand what you mean here.

We don't mind the mother there but what can we do to avoid any problem? Should we put her name on the lease?

While I cannot tell you what to do, I would say that in this situation, it is a good idea to add her name to the lease (with her permission, of course, and her signature). Doing so binds her to the lease and she may be evicted as regular tenant if need be.

Furthermore, no special rules apply to someone who is elderly as opposed to the standard warranty of habitability applicable to all tenants under FL law, §83.51, §83.54, §83.56:

The landlord must comply with all building, housing, and health codes. Where there are no such codes, the landlord must maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. In addition, landlords of buildings of two units or more must make reasonable provisions for the following:
· Extermination of rats, roaches, mice, ants, wood destroying organisms, and bedbugs
· Locks and keys
· The clean and safe condition of common areas
· Garbage removal and receptacles
· Functioning facilities for heat in the winter, running water, and hot water
· Smoke detectors

Of course, state, local, and federal disability and access laws also may apply.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 88644
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Ely
Ely
Real Estate Lawyer
88644 Satisfied Customers
Qualified attorney in private practice including business, family, criminal, and real estate issues.