Legal Question in Landlord & Tenant Law in California
There's 10 days from Dec 31 to respond to a lease termination note. The reason being is that occupant can only live at one place at the same time Both units belong to the same organization Interfaith Housing rentals.
Mother moved out of her daugher's rental unit physically but her name was still on the old lease when she moved to her own rental studio. Please help -- mother didn't know she did something wrong until she got termination letter.
She responded with this so far:
TO THE SUPERVISOR OR DIRECTOR OF PROPERTY MANAGEMENT
I, Galina Bickova, am a resident of senior Horton House apartments. On December 31,2009 I have received the proposed termination notice to terminate my residency at Horton House apartments for the reason that my name was on two leases at the same time. One at HH and the other at the Lillian Place that my daughter rented for both of us when I was still waiting for a studio at Horton House. It was never my intention to live with my daughter permanently. It was a necessary temporary solution to live with her while I wait for my own living space. I ask that the proposed termination notice is reversed since Horton House is the only location where I reside. I like where I live and that the management is kind and attentive to seniors.
My English is very limited and I have to rely on others around me to help me with the language and to govern me through legal procedures. I would like to confirm and clarify that prior to moving to Horton House I lived at the Lillian Place. The address for the Lillian is on my in lease application to Horton House. As soon as I was accepted by the Horton House apartments as a tenant, I have not spent one single night at Lillian Place. My friends at Horton House and your security cameras (to prove that) can verify I physically was in my studio at Horton House every single night of my entire lease.
My daughter was the only tenant at the Lillian Place apartments. Since I no longer required that place, I asked my daughter to discuss with Barbara to see if a one bedroom was available because I, her mother, would be living at Horton House. Barbara (Lillian Place manager) said nothing smaller was available at that time. No change to the agreement or my name on the paper was mentioned or communicated to me at all. Should I have known that I needed any necessary additional paperwork done to secure my residency at Horton House I would have talked to the management before being threatened with termination of my lease.
Also my daughter has informed me she will be moving out her current place to a place big enough for one person which leaves with no home at all. If I am in violation of any legal protocol, please help me through the process. I need my studio at Horton House Apartments. I am 74 years old with health conditions and needing peace and my own space. I have been waiting for this studio for so long and I have no other place to go.
Sincerely,
Galina Bickova
1 Answer from Attorneys
Your mother's letter is very good; it does set out all the relevant facts. I would ask for a copy of the lease provision they have that they are basing the temination on. If they are alleging she falls within the 3 day notice provisions, that is curable and she attempted to do it by asking that her name be removed from the other unit. If they are arguing that they are not going to renew her lease, a thirty day notice must be given. I do not see how they can give a ten day notice. I would point out that the management knew or should have known that she was on the lease at one place and had applied to live in another, so they were aware of any violation of their rules but allowed it so are estopped from forcing her out. Have you received any response from management? If not, you and your sister should go there and try to make them understand that it was a misunderstanding and they should withdraw the termination notice because it was not given with the correct amount of notice and shortly she will be on just one lease.
Good luck.
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