Legal Question in Landlord & Tenant Law in California

Re: tenant -rental agreement

You will have to follow all rules and regulations that apply.

Re: tenant -rental agreement

I am not sure of the nature of the dispute or question. Contact me directly.

Re: tenant -rental agreement

Yes, you can be written up for a rules violation within limits. However, whether that action is enforcible is another matter. Most of the time tenants are given a 3 Day Perform Covenant or Quit notice which gives them the chance to cure their errant behavior. However, some behavior is not curable (i.e. crimes, etc.). In those cases it will be a 3 day Notice to Quit. Either way they'll have to file, serve, and obtain a judgment of eviction against you.

Re: tenant -rental agreement

Thank you for providing such detailed information. Without a thorough review of your lease, its hard to definitively say that yes, the rules can be enforced; yes, they can be enforced, but only in a limited manner; or no, they cannot be enforced. What you are dealing with is a contract (lease) that "probably" incorporates those rules and regulations into the lease agreement by reference. As such, they could very likely be a part of your actual lease. As such, the lease may also have a provision that provides that if any part of the contract (lease) is deemed to be invalid (references to the wrong cities, etc...) then the remainder of the contract is still valid. Without fully reviewing the lease, its almost impossible to say with any certainty what they can do. I know property management companies very well, and can say with almost 100% certainty that most do a horrible job at details like this, but it will not stop them, as a previous response indicates, from taking legal action to enforce the rules as they see fit. You may have a perfectly valid defense to the rules, but it will likely require you to respond to a lawsuit, appear in court and very likely retain an attorney at your cost. I'd suggest that the practical alternative is to sit down with your property manager and ask about the discrepancies, and if there are a proper set of rules for the building that could be incorporated into a new lease agreement so you know what you are dealing with.

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