Legal Question in Real Estate Law in California

I am a landlord in the Los Angeles area. I have an apartment rented to a middle-age couple and an adult daughter, 23 years old. On the lease agreement, all three are listed as tenants but the lease agreement was only signed by the parents. Recently, the couple filed bankruptcy and they have fallen behind in rent payment. I gave them three-day notice to pay rent or quit, they were quite upset and threatened me that they have nothing to lose because they filed bankruptcy anyway. My question is once the eviction notice is filed, will the daughter be on the eviction list as well even she did not sign the lease? Or will the eviction show up on the daughter's record? They claimed their daughter did not sign the lease so legally she can not be evicted.


Asked on 1/27/11, 5:37 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A properly-run eviction process will get rid of anyone living in the unit, whether "on the lease" or not.

I'd be concerned about two other matters: (1) bankruptcy as a defense to an eviction and the likely need for an unlawful detainer suit, and (2) the possible impact of local rent control laws.

If the "automatic stay" of a bankruptcy petition is in effect, the landlord (you?) will not be allowed to file an unlawful detainer action, nor threaten to file one by giving notice. See 11 United States Code Section 362(a)(1)-(3) and 11 United States Code Section 362(b)(22).

The landlord can petition the Bankruptcy Court for relief from the automatic stay, and the petition will probably be granted.

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Answered on 2/08/11, 2:19 pm

They are wrong. In fact good Unlawful Detainer practices require ALL adult occupants of a dwelling unit to be named and served with the summons and complaint. Mr. Whipple is correct, however, that you may have already violated the automatic stay by giving the three day notice. You definitely need to consult a bankruptcy attorney before doing anything else.

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Answered on 2/08/11, 9:59 pm


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