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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30365
Experience:  JA Mentor
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I rent a studio, and I let my parents' friends stayed at the

Customer Question

I rent a studio, and I let my parents' friends stayed at the apartment for 2 months. The contract I signed with the company states that guests can stay at the apartment no longer than 10 days. Since they are friends with my parents, so I didn't report the situation to the company. Now, the rental company sent me an text and said I violated the contract, and they want the guests to move out and dissolve the contract with. My question is, do they have the right to dissolve the contract with me?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened. They have a right to force you to remove the guests OR terminate the contract if you do not have them leave within a 3 day period. You signed a lease agreeing not to allow guests to stay in your apartment for more than 10 days, and that's binding on you. However, they're required by California law to give you a notice to fix the lease violation before they can seek to evict you, which means giving you time to remove your guests or move out. If the guests leave, they have no legal basis for eviction, because then you're no longer in violation of the contract. Cal. Civ. Code, Section 1161(3). Also, texting is not a valid means of providing a tenant with a notice to quit. Section 1162 (same link). They need to hand you a written document, post it on the door and mail a copy, or leave a copy with someone "of suitable age and discretion" found on the premises and mail a copy. If they sued for eviction based on that text, you should win because the notice isn't valid. You should be aware that, unless you're in an area of California that has rent controls, they CAN refuse to renew your lease for any reason, or no reason at all. They also could choose to terminate a month-to-month lease. But that's requires a separate notice, given 60 days before the end of the month (or 30, if you've been there less than one year). They can't just text you and tell you to leave. Also, if they try to force you to leave by changing the locks or shutting off utilities, you can sue them for a penalty of $100/day plus an order requiring them to let you back in. Section 789.3. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.