Legal Question in Real Estate Law in California
renter problems.
my renter is seperated from his wife, and rented as an indevual. my renter mr, signed a lease with only himself as renter. After the lease was signed, he asked if his wife could join him in the house to try reconciliation. I gave ok. she was not added to lease. they are currently fueding and she has a restraining order. he cannot use the house and is not there, nor has the April rent been pd. I would like to evict her. am i within my rights. if so. can you tell me the proceedure. thank you.
4 Answers from Attorneys
Re: renter problems.
You can evict for non-payment of rent. You must give an appropriate notice. Also, if the premises are occupied by more than 1 person and are not allowed by the lease terms, you may have grounds for an eviction, but an examination of the lease is necessary. I am not sure what you mean when you said you gave an "ok" for the wife to occupy. Depending on what was said or written you may ahve waived the right to object to the wife moving in. Please feel free to contact me at (310)559-9445
Re: renter problems.
Yes. However, you will need to serve the 3-day notice on the original tenant, as well as the spouse of the original tenant. In all likelihood, you will probably need to file an unlawful detainer action against both the original tenant and the tenant's spouse, making sure to name both in the summons and complaint.
Re: renter problems.
First, a 3 day notice has to be served. Next, an unlawful detainer should be filed. Please call Mary at my office at 714 363 0220 in order to discuss our fees and/or set up an appointment.
Re: renter problems.
Yes you can. You can serve a 3 day notice to pay rent or quit. Then an Unlawful Detainer.
Joel Selik
Attorney/Real Estate Broker
www.seliklaw.com
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