Landlord/ tenant eviction (sublet, lease, credit check) - California (CA) - City-Data Forum

Tiffanyjeanne · 10-08-2019, 03:06 PM

So recently my roommates and I moved into a new house there are three of us on the lease. Upon moving in I had my boyfriend help move stuff in so he ended up staying a couple of nights. We threw the idea around of putting him on the lease. I asked my property manager, and he said that was fine he just had to do a credit check. He also said he couldn’t have any prior evictions or felony charges. My boyfriend does have a felony charge, and now he wants to evict all of us from the house, mind you it’s only been 7 days of us living here. My boyfriend has another place to live, but my property manager doesn’t trust us now because we tried to “sneak” a felon on to the property. if I was trying to sneak him in why would I ask to have him on the lease, I just don’t understand. I really had no bad intentions, and just wanted to follow the rules. Is this even legal??

Slytrix · 10-08-2019, 06:24 PM

If you have a fully executed lease, they should not be able to evict because you asked to put your boyfriend on the lease.

Follow all the rules and pay on time.

reenzz · 10-08-2019, 07:55 PM

You DID try to sneak him in since factually he has been staying there without the landlords permission. You likely violated your lease for allowing him to stay and as such, can be evicted. What does your lease say about guests? How do your roommates feel about him being there?

Tiffanyjeanne · 10-08-2019, 11:08 PM

It says guests staying more than a total of 14 days in a calendar year without written consent breaks the agreement, and that we are not to sublet to anyone without written consent. My boyfriend does have another place to stay, we were just thinking since he would be here often to have him join the lease, I honestly didn’t know that him having a felony would get us all evicted. My roommates and I knew he had been in jail before, and we still want to be able to have him around. He is a great person, and has no bad intentions being here.

aehall · 10-09-2019, 04:27 PM

I agree with Slytrix.

Unless there is a lease provision that disallows convicted felons from ever visiting, don't worry about it. Stay within the 4 corners of your lease agreement and you'll be fine. Follow the rules, etc., this should pass.

Tiffanyjeanne · 10-10-2019, 11:20 AM

So we had a talk with our landlord and we explained that my boyfriend has another place to live. He had a change of heart and said we could stay, just as long as my boyfriend wasn’t living there.

So today my landlord called and said he would agree to get my boyfriend on the lease, and he would just have to pay $100 for credit check. If he fails this check somehow, could he then use it to evict us??

Electrician4you · 10-10-2019, 09:24 PM

Quote:

Originally Posted by Tiffanyjeanne

So recently my roommates and I moved into a new house there are three of us on the lease. Upon moving in I had my boyfriend help move stuff in so he ended up staying a couple of nights. We threw the idea around of putting him on the lease. I asked my property manager, and he said that was fine he just had to do a credit check. He also said he couldn’t have any prior evictions or felony charges. My boyfriend does have a felony charge, and now he wants to evict all of us from the house, mind you it’s only been 7 days of us living here. My boyfriend has another place to live, but my property manager doesn’t trust us now because we tried to “sneak” a felon on to the property. if I was trying to sneak him in why would I ask to have him on the lease, I just don’t understand. I really had no bad intentions, and just wanted to follow the rules. Is this even legal??

No it’s not legal. He has no legal standing to evict you r even start eviction as long as you did not try to have the bf there illegally. So as long as your bf doesn’t overstay the amount of time he is a “guest” your PM can’t do a damn thing. Even if you did violate the lease the PM has to give you a chance to correct the issue with a quit order. He can’t just evict on a whim. In order to evict he would gave to go to court. He cannot do a eviction. That comes from a judge. Your PM is a idiot

Quote:

Originally Posted by aehall

I agree with Slytrix.

Unless there is a lease provision that disallows convicted felons from ever visiting, don't worry about it. Stay within the 4 corners of your lease agreement and you'll be fine. Follow the rules, etc., this should pass.

I don’t even see how that’s remotely enforceable. Unless you run a background check on every person who visits the tenant. And you really start running into violating the tenants right to a peace and privacy.
Even if you write in the lease no felons allowed in house ok my friend never told me they were a felon.
There is no way that would stand up in court. Just because someone writes a bunch of scarecrow clauses it doesn’t mean it’s gonna stand up in court.

Huckleberry3911948 · 10-10-2019, 09:37 PM

You pair with a felon the felon sells dope he goes to jail next time you go with him the neighbors Find out he sells dope they sue the landlord they win
Do you have any idea how often this story gets repeated

ElDiabloJoe · 10-11-2019, 08:03 AM

I agree largely with Electrician4You and other previous posters.

An eviction is a judgement stemming from an Unlawful Detainer (UD) lawsuit. The PM (Property Manager) or Landlord would have to file the court case, post a SUD (Summons of Unlawful Detainer) which has a court date listed on it, usually 5 days after the SUD is posted.

If you do not go to the court date, the PM or Landlord wins summary judgment and the eviction process starts. That process consists of a notice posting, and following that an actual eviction. Usually there is a minimum of 5 court days between Notice of Eviction and the Eviction itself.

You DO NOT want to be there when the actual eviction takes place. Sheriff's deputies WILL gain access to the location and WILL remove all occupants (regardless of age, gender, or infirmity) at gunpoint. Clearing houses of people is always inherently dangerous for the deputies and almost all agencies' policy includes pistol-point removal of occupants. Being on the business end of a pistol is NOT fun for anyone. This is an experience you will want to spare any children or other innocents from enduring. It is usually traumatic for all involved.

Generally (but not always) they will try to come by in the time period between the Notice posting and the actual eviction to do a check. This usually entails making contact with the occupants, advising in-person of the upcoming eviction, and offering any suggestions or advice to assist you with being gone prior to the eviction date.

IF you receive a SUD, make certain you go to the court date or prepare to move out prior to the date of eviction. If you go to court, prepare your case. Have two copies of your lease (one for you, one for the Court if they request to see it), and be prepared to logically, reasonably, and dispassionately argue your points to indicate you complied with all the terms of the lease, and the PM or landlord either did not or they are unjustified in bringing the Unlawful Detainer lawsuit in the first place. Emphasis on logically, reasonably, and dispassionately. Emotion has ZERO place in a court room, and there is very little tolerance for begging, whining, or pleading.

I have a few years of first-hand experience with evictions (as a full time job). As I always say, I am not an attorney and I recommend you seek the advice of a licensed one should you have any questions or request any advice.

* Caveat: This is the current process under California law. Other jurisdictions will likely vary, as will California's process over time.