Legal Question in Landlord & Tenant Law in California

Establishing Tenancy

I have lived in my apartment for 4 years now with my boyfriend. Our building was recently sold. The new owners have hire a property management company. After 4 months of paying our rent to the management co. they now expect me to fill out an application and pay a $30.00 credit check fee. My application will be submitted for approval. In the meantime I have been informed that I am an illegal guest because I have been here for over 15 days. We live on the second floor and our back steps were removed without warning on the 8th day of having no emergency exit I called to find out when they would be replaced. I was told that I didn't matter and that I had no right to make a work request. How long do I have to live here before I become a tenant? Do I have to pay this fee? Are they allowed to reject my application and evict me at this stage in the game?


Asked on 6/05/07, 3:59 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Establishing Tenancy

You have a number of questions, and I will do my best. New owners have to accept tenants under the old lease. When does, or did, your lease expire? The answer to that would help with whether they can charge you for a credit check. There is nothing in the law defining an "illegal guest". Is your rent current? You would have to find out from the city whether the code requires an emergency exit. I can't answer that, but a building inspector could. You are already a "tenant", if you have been paying rent. You may have to pay the fee. I cannot tell you whether they can evict you or not. Please feel free to e-mail me, or call me, and I will attempt to help you, once I have more information.

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Answered on 6/05/07, 5:56 pm


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