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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: 1 month ago.Category: Legal
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Answered in 7 minutes by:
3/22/2018
Lawyer: Barrister, Attorney replied 1 month ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,143
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

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