Legal Question in Landlord & Tenant Law in California
i was served a 3-day notice to vacate because my boyfriend was living with me and the manager new and didn't put his name on my lease do i have to move or can i stay and fight it
1 Answer from Attorneys
It was really up to you to ensure that when you moved into the apartment, your boyfriend was on the lease. If he moved in after you leased the apartment, then again, it is up to you to obtain the landlord's permission to have him move in as tenant. Can the landlord evict you over your moving an illegal tenant in? Absolutely; however, depending upon the notice you were served, you may be able to avoid eviction by having him move out before the three days are up. Conversely, if he doesn't move out, and an eviction is filed, I'm not sure what your grounds for fighting it might be? There aren't enough facts to say definitively whether or not you will be able to fight it, but I can tell you that just because the landlord knew he was living with you doesn't remove your obligation to have him approved by the landlord as another tenant in your apartment. Also, if you go to court, can you prove that the landlord knew he was living there?
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