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Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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My 20 year old son rents a house that I cosigned for in Chico,

Resolved Question:

My 20 year old son rents a house that I cosigned for in Chico, Ca. where he goes to college. During a party that got larger than anyone antipated (150 kids inside and outside the house), the police took a picture of all the kids outside and forwarded it to the property management company. They then sent us a letter that explained their disatisfaction (understandably so). They then stated that any future parties would result in an immediate eviction.

This concerns me because it is a long school year and college kids being college kids may have a party. I'm not condoning this, but I don't want to see a small, controlled gathering result in an eviction just because of this warning. Let alone, my son is one of 3 tennants. What if he is out of town when one of his roommates makes the mistake of having a party?

Do we have any rights here or are we sunk?

Submitted: 6 years ago.
Category: Legal
Expert:  Richard replied 6 years ago.

Good evening. As a father of two kids in college myself, I totally understand your concern. But, in this situation, the landlord is going to be within its right to call the tenants as a whole in default in the event of a default by any one or two of them. The recourse of the non-involved parties would then be against the party causing the eviction. Now, the landlord has overstated its case somewhat...they aren't allowed to simply immediately evict the kids. They would first have to issue them a default notice and a 3-Day Notice to Quit...meaning the kids would have 3 days to leave or face eviction. But if they didn't leave, before the landlord could evict them, he would have to petition the court for an eviction order. This takes at least 15 to 20 days. So, the kids would have almost a month before they could be forcibly evicted. The landlord cannot legally evict without the court order. I know all this must seem harsh, but if you look at it from the other side....consider it was your property...I think you can probably see why the landlord has some protection under the law. The kids just need to have a "come to Jesus understanding" that this kind of thing has to be contained.



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Customer: replied 6 years ago.
Thanks for your quick response. Yes, as a home owner I can appreiciate the liability issues here. The question I still need clarity on is, who's to say what consititues a party of a severity that causes the Mgt. Company to start the eviction proceeings. It seems a little broad.
Expert:  Richard replied 6 years ago.

You're welcome. The ultimate arbiter is going to be the judge in small claims court when the landlord seeks an eviction order. At that point, each side gets to present their side of the situation and the judge will decide. That's why court ordered evictions are the landlord doesn't simply get to unilaterally make that call.

Expert:  Richard replied 6 years ago.
One more thing...the college kids are going to get the benefit of the doubt in an eviction proceeding because the landlord will have known this was a college area and the tenants are college the landlord is going to be held to a different standard than if he were simply renting to non-college kids.
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