Legal Question in Real Estate Law in California

I just moved into an apartment with my husband and adult son. When we rented this place I told the landlord that I wanted to qualify for it just my husband and myself and my son as a occupant only. All said and done we signed a one year lease just my husband and myself. The landlord asked if she could mail us a copy after she made one in her office. I said sure no problem and thought nothing of it. Well we are living here almost a month now and I finally get it back with a note asking that my son sign for the liability also and she has added his name to it. She wants me to have him initial all and send back to her. I told her no I would not and that is not what we agreed. She very bluntly told me straight out that yes I was and there was not going to be any argument about it. I don't want him on the lease with any responsibility that is not what we agreed on what can I do. Can she evict us or if we refuse to have him sign the lease.


Asked on 11/28/14, 2:12 pm

1 Answer from Attorneys
John Molina Jr. Law Offices of John Molina

Your particular fact situation involves a potential 'contract dispute' between what you and the landlord understand is your landlord-tenant lease contract. It appears that you and your husband already signed a lease contract which the landlord presumably drafted and reviewed beforehand. At that time, the landlord knew about your adult son (as you indicated) occupying the premises and chose to rent to you and your husband without including your adult son as a party to the contract. If the landlord later, and after the contract was signed by you, decided that it was best for them to also include your adult son in the contract, then it appears that they are now trying to amend the lease contract that was already finalized. If that is the case, then it is your choice (obviously, as well as your adult son) whether you accept this proposed change to the contract. Your new landlord's proposed change to a final contract is not something you are obligated to accept, even if it comes at a threat of an eviction.

You need to talk to an attorney experienced in the area of real estate/evictions and contract law that can guide you in your particular issue with your new landlord. One that will give you the personal attention you need and inform you of your rights. If you are interested in speaking to an attorney that will do just that, contact us for a no-obligation consultation at (888) 790-5053 and/or visit our website at www.coronacalawyer.com.

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Answered on 11/29/14, 2:18 pm


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