Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

A tenant moved out and in his place has allowed his mother…

Customer Question
A tenant moved out...

A tenant moved out and in his place has allowed his mother to move in without giving us any notification. Does the mother have any tenant rights though she is not on any lease. Furthermore, the mother is over 60 and has a minor physical disability. The mother smokes which is problematic as that is clearly stated in the original lease as being prohibited. This is all taking place in San Francisco

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

California, San Francisco

Lawyer's Assistant: What steps have been taken so far?

Been trying to communicate to her, she has failed to respond

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

Not that I can think of...thanks

Submitted: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
3/22/2018
Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,611
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Once the tenant let his mother move in, she becomes an occupant and has the same rights as a legal tenant. However, if she is smoking in clear violation of the lease, you can give the tenant/the mother a 3 day notice to terminate the tenancy for violation of the lease under CA Civil Code 1161(3). Then you can file a formal unlawful detainer action in the local Superior court 5 days after delivering the notice..

.

But you would want to make sure that any notices are addressed to the legal tenant as well as to the mother if you know her name, or to "All Unknown Occupants" if you don't know her name. When you file the UD complaint, an optional Prejudgment Claim of Right to Possession may also be filed with the court and served on the Tenant(s) by the sheriff. This document allows the Sheriff to lockout any and all persons who may be on the property at the time of the lockout, not just those whose names are ***** ***** you.

.

.

thanks

Barrister

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,611
42,611 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,795 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,249 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I live in Alameda County in yesterday I received a 3 day or
I live in Alameda County in yesterday I received a 3 day or a five day unlawful detainer notice that was served to me. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,358 satisfied customers
I need to know if I have a case or not. California San
I need to know if I have a case or not. JA: Since laws vary from place to place, what state is this in? Customer: California San Bernardino JA: Has anything been filed or reported? Customer: It is a e… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
I have a tenant who smokes in the common areas of the
I have a tenant who smokes in the common areas of the building and the tenants are complaining. He's violating the smoking ordinance (he has to smoke at the curb or at least 15 feet from exits, window… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
In San Francisco, I have a friend, and her two children, who
In San Francisco, I have a friend, and her two children, who moved in to the bottom unit of a three floor Victorian - one rental unit per floor, three years ago. The house's owner/landlord is my frien… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,358 satisfied customers
I have lived here for 7 years my lease states my name and my
hi ... I have lived here for 7 years my lease states my name and my mothers. My mom moved out and with my landlords permission I sublet the room to Joe. Now after 3 years he wants to raise the rent 10… read more
Barrister
Barrister
Attorney
Doctoral Degree
42,611 satisfied customers
I am a 73 yro semi-retire guy. If my personal economy
I am a 73 yro semi-retire guy. If my personal economy collasped what are the procedures to stop paying rent in San francisco … read more
Barrister
Barrister
Attorney
Doctoral Degree
42,611 satisfied customers
We own a rental home, our married daughter rents it for cheap
We own a rental home, our married daughter rents it for cheap in San Francisco, now she wants a divorce, no kids. We have verbal agreement, that we use part of the garage/house. She moved back home. H… read more
Richard
Richard
Owner
Doctoral Degree
4,519 satisfied customers
Im moving out of my San Francisco apartment next month and
I'm moving out of my San Francisco apartment next month and have notified my landlord in writing of my intent to vacate and terminate my lease, which is currently month-to-month. My roommate did not s… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,428 satisfied customers
Is there a law in Calif. that prohibits smoking within a certain
Is there a law in Calif. that prohibits smoking within a certain distance of the entry to an office building?… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I live with my domestic partner (not registered) and our 10
I live with my domestic partner (not registered) and our 10 year old son. We have no joint assets, not even a joint bank account. I am going to ask him to move out but I know he will refuse. What can … read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
Are there any laws in California protecting nonsmokers from
Are there any laws in California protecting nonsmokers from second had smoke coming from neighbors next door… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
San Francisco School District send the notification letter
San Francisco School District send the notification letter to collect money for investigation on residency and to let parent know kids will be withdrawled from schools. Parents live separate, mother l… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
9 satisfied customers
In North Carolina, if you sign a one year lease and the lease
In North Carolina, if you sign a one year lease and the lease states that after that year is over the tenant is then a month-to-month tenant. Is the tenant obligated to enter into a new year lease or … read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
67 satisfied customers
My mother is the trustee of a property in San Francisco. Her
My mother is the trustee of a property in San Francisco. Her lawyer who set up the trust confirms that she has absolute control of the property. My mother has a house guest who has been living there f… read more
Barrister
Barrister
Attorney
Doctoral Degree
42,611 satisfied customers
I work at a privately owned college that has a campus in Oakland,
I work at a privately owned college that has a campus in Oakland, CA (Alameda County) and a campus in San Francisco, CA (San Francisco County). We are in the process of revising our smoking policy, bu… read more
Christy
Christy
Attorney
Doctoral Degree
294 satisfied customers
Is there are law for no smoking with in so many feet of an
Is there are law for no smoking with in so many feet of an entrance to a skilled nursing facilty privately owned… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
where can i find agencies supporting little people
Need supporting community agencies and in fact any agency tht supports little people in employment/and who are not treated fairly and discreminated againest.… read more
Michelle
Michelle
Doctoral Degree
2,604 satisfied customers
Thanks in advance. I just purchased a property in San ...
Thanks in advance. I just purchased a property in San Francisco and it has a tenant that has lived in the property since April 1997 on a month to month lease. I want to move into the property but I'm … read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
33 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x