Legal Question in Real Estate Law in California
Must a tenant removed from a lease at renewal be notified?
An individual and his girlfriend were both named on a 1 year lease. When the lease came up for renewal, his girlfriend deliberately renewed on a month-to-month basis in only her name and he had no idea that he had been omitted from the renewed lease as a tenant. She had him arrested for burglary after changing their locks when he was out of town. He had entered the home and was taking a nap when the police came. He told them he was on the lease as a tenant. She later produced the new lease where he was not named, so the bogus charged stood and he was forced to accept a plea bargain because we did not have time to research this issue and the public defender was NO help.
He is not spending 5 years in jail and we know that there must be some way to appeal the case.
2 Answers from Attorneys
Re: Must a tenant removed from a lease at renewal be notified?
In my humble opinion there's a lot more to this story than revealed here, and I'd like to hear the alleged victim's side before giving advice.
Re: Must a tenant removed from a lease at renewal be notified?
If the boyfriend sincerely believed he lived there, I can't imagine how he could be convicted of burglary for entering the apartment whether he was named on the lease or not. You should discuss this situation with a criminal law attorney, rather than a real estate attorney.
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