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Are you familiar with housing rules in Oakland Ca? I need to…

Customer Question
Are you familiar with...

Are you familiar with housing rules in Oakland Ca? I need to know if I can give my tenant a 3 day notice for eviction because she used my identity to open a Direct TV account.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Ca

Lawyer's Assistant: Has anything been filed or reported?

A police report and an affadavit with direct tv

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it

Submitted: 10 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
9/25/2017
Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
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Hello! I am a California licensed attorney admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you very much for your patience. Under California law, a landlord can provide a 3 day notice to evict a tenant if they violate any provision of the lease or rental agreement or if they use the property for any unlawful purpose. Generally, it is against the law to use somebody else's identity to obtain services or products. Therefore, if it is written into your lease agreement that the tenant is not to engage in any kind of illegal activity while on the premises, then you could use that as a reason for eviction. If it is not written into your lease agreement, then you would probably be able to use the part of the law that says that they can I use the property for unlawful purposes. You could cite the unlawful purpose as identity theft. Please keep in mind that it is possible that the tenants may have a counter argument that they are not technically using the premises for an unlawful purpose. They could argue that they just did something unlawful in general, but they did not use the premises to do so. I don't know how successful that would be in court, but I do believe that on balance your argument would probably be more successful. What other questions do you have for me about this?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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