Legal Question in Landlord & Tenant Law in California
Rental rights
My family has rented and lived in the same apartmentin San Francisco for 20+ years. The original month-to-month agreement was between my mother and my father. My grandfather also lived there. My siblings were not born when my parents first moved into the apt. My grandfather passed away in 2001 and my mother passed away in 2003. We have not notified the landlord. Are we in danger of being evicted as the original agreement was between my mother and my father? If not, if something happens to my father, will the landlord have the right to evict my siblings and I?
1 Answer from Attorneys
Re: Rental rights
You were probably subtenants of the original tenants. Subsequent to the last parent's death, you effectively assumed the lease and became the tenant in possession, so, the landlord would have to give you 60 days notice for you to move out, as you have been there more than a year. After all this time, he surely was aware that you were living there, so he has effectively acquiesced to your being there, even if the lease itself in some manner limits the number of occupants other than the original tenants. But, why would he want to do that after all these years, as long as you have been paying the rent on time? Just keep paying the rent and see what happens.
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