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I own an apartment building with 2 and 1 bedroom apartments…

Customer Question
I own an apartment...

I own an apartment building with 2 and 1 bedroom apartments - no vacancies. My problem is that the couple who live in a small 1 bedroom apartment started having children - currently they have 3. Over the past several months the 2 grandmas have moved in also. the apartment is 450 sq feet. We have told them that they need to find a larger apartment but they can't find one in their price range. It can't be legal to have that many people in the apartment. Should I give them a 30 day notice to vacate and start eviction procedures or ignore the large number and hope the fire department doesn't have to respond to an emergency caused by the number of occupants. Clearly, I don't know the right thing to do - any advice?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Sorry - it is California

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

No, nothing - they are quiet, nice folks who don't call attention to themselves.

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

I got a very generic answer from the Ca. Apartment Association - What is the law? This is not a rent controlled town but our rents are well below others that are similar

Submitted: 5 months ago.Category: Landlord-Tenant
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Answered in 15 minutes by:
2/6/2018
Lawyer: Lori, FL attorney replied 5 months ago
Lori
Lori, FL attorney
Category: Landlord-Tenant
Satisfied Customers: 2,096
Experience: Real Estate attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. Generally, leases provide for the number of occupants or certainly limit guest stays on the premises. Certainly that cannot comply with safety and health codes. As such there must be some provision in the lease that allows you to declare the lease in breach. I think it is better for you to declare a violation and send a Notice to Vacate then get cited by the building department and health department as the owner. You do not need inspectors and health officials crawling around your building.

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Category: Landlord-Tenant
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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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