Legal Question in Landlord & Tenant Law in California
Grandchildren not on rental agreement
Three months after my husband and I moved to an apartment, we 'inherited' my two grandchildren ages 16yrs and 7yrs. They obviously are not on the rental agreement since we did not know their parents would abondon their responsibilities as guardians.
We have lived here 13 months, are good tenants,pay rent on time and the children are rarely seen other than leaving in the AM for school. I have offered to the site manager, (who knows about the children), that I would be more than happy to pay any extra charge for their being here but to date, he has not asked for anything. He has never told the owners of the property but I am constantly reminded by him of our danger of eviction because of the children. Please tell me if I have any recourse or do I need to eventually look for a new place. This would deffinately bring a hardship as the children are well established in school and doing wonderful with this secure and loving environment. Please help if your able. I would appreciate it kindly.
Sincerely
3 Answers from Attorneys
Re: Grandchildren not on rental agreement
Send a letter to the landlord telling him how happy you are that he allows the children to remain on the property. Keep a copy of the letter. If the landlord, via the manager, fails to act to remove the violation of the lease (which I presume is a violation) then the landlord has agreed to allow the violation and cannot later come back after you for it.
Generally, minor children, even grandchildren, are not sufficient grounds to evict or declare a breach of lease UNLESS the unit is an adult only unit and you were aware and agreed to these terms AND the landlord has not allowed other exceptions to the rule.
Re: Grandchildren not on rental agreement
It is not illegal to have children living with you. If your landlord does not accommodate you, and they should, then they cannot evict you without good cause. Good luck.
Re: Grandchildren not on rental agreement
While it is not illegal to have children living with you, it might be a breach of the lease to bring in additional people without the prior knowledge and approval of the landlord. Based on the facts presented, I don't think you should worry about eviction, because the landlord's agent has known for some time and has continued to accept rent. The landlord has arguably waived enforcement of any potential breach relating to the grandchildren.
You didn't state how large the place is (# bedrooms, etc.) or whether there is a clause in the lease which limits occupancy. If it ever becomes an issue, you should take the lease and all of your facts to a competent landlord-tenant attorney in your area. There are a number of statutes which protect families from arbitrary decisions by a landlord.
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