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California tenancy issue

Posted: Sat May 22, 2021 7:43 pm
by MaryContrary
Can some smarter person here please point me in the correct direction?

I’m trying to figure out how long it takes to achieve tenancy in California. Someone may be moving in (temporarily) with my daughter and her roommates. The extra person will not be paying any rent.

My concern is the ‘extra’ person overstaying their welcome and putting daughter and roommates in a bad position.

I cannot figure out how to google foo the answer. :brickwallsmall:

Thanks all!

Re: California tenancy issue

Posted: Sat May 22, 2021 7:44 pm
by MaryContrary
How nice I even somehow put :oopsy: face on the post. I have no idea how but there ya go. :rotflmao:

Re: California tenancy issue

Posted: Sat May 22, 2021 7:53 pm
by John Thomas8
Maybe this will help:

https://www.orangecounty-realestatelawy ... -my-house/

Maybe that's just for Orange County. Looks like if the free loader starts getting mail at that address they get tenant rights.

After 20 minutes of looking, I'd as soon have a honey badger as a guest than somebody that won't go away. Maybe a little more bloody, but dang sure easier to get rid of as necessary.

Re: California tenancy issue

Posted: Sat May 22, 2021 7:57 pm
by Uninformed
Found this. No idea if it is correct.

https://www.fastevictionservice.com/blo ... alifornia/

Re: California tenancy issue

Posted: Sat May 22, 2021 7:58 pm
by Estiveo
Yeah, and most leases will demand extra rent after 3 to 7 days unless you get written permission from the landlord, which is unlikely.

Re: California tenancy issue

Posted: Sat May 22, 2021 8:01 pm
by MaryContrary
Daughter and roommates are renting a house and technically could have another or 3 move in (it’s a big house for San Diego standards). I just am not a fan of them getting screwed over if I can help it.

They all want to help this person out but aren’t thinking about the consequences. That’s my job I suppose. Lol

Re: California tenancy issue

Posted: Sat May 22, 2021 8:10 pm
by MaryContrary
Uninformed wrote: Sat May 22, 2021 7:57 pm Found this. No idea if it is correct.

https://www.fastevictionservice.com/blo ... alifornia/

Whoa 14 days for every 6 months? Crap if that’s true. Being California I imagine that could be the time frame.

Re: California tenancy issue

Posted: Sat May 22, 2021 8:10 pm
by filly
Maybe you should watch Pacific Heights.

Re: California tenancy issue

Posted: Sat May 22, 2021 8:11 pm
by MaryContrary
filly wrote: Sat May 22, 2021 8:10 pm Maybe you should watch Pacific Heights.
Maybe they should! I’m too whimpy for anything scary. I like rainbows and butterflies hahaha

Re: California tenancy issue

Posted: Sat May 22, 2021 8:30 pm
by Uninformed
Another possibly informative link.

California Tenants : A Guide To Residential Tenants' and Landlords' Rights and Responsibilities
https://landlordtenant.dre.ca.gov/resou ... index.html

Re: California tenancy issue

Posted: Sat May 22, 2021 8:55 pm
by busterbunker
These situations can get real tricky real fast. For a start, you should carefully examine the terms of her lease. Tenant's rights vary widely between various counties and cities. CA is currently under a temporary ban on evictions (for most circumstances) which is set to expire on July 1, but may be extended, either by the state or the municipality in which one lives. This includes the eviction of sub-tenants.

I don't know the regulations for San Diego, but they seem to be a little more landlord-friendly than other places, at first glance. Landlords have been affected by unpaid rent and some cities have recently passing ordinances tipping the scales to their advantage. It's a fluid situation and the poop is going to hit the fan in a few weeks.

Even when a primary tenant has a good relationship with their landlord, each may be relatively powerless to evict an unruly sub-tenant. The landlord may have no recourse other than to evict the lot.

Here are a couple of resources that may help:
https://www.sdcba.org/?pg=Landlord
https://www.sdhc.org/evictionban/

The second page lists a few phone numbers who may be able to provide better advice. I'm not a lawyer, just been dealing with a lot of this stuff. Good luck!

Re: California tenancy issue

Posted: Sat May 22, 2021 9:26 pm
by Phoenix520
filly wrote: Sat May 22, 2021 8:10 pm Maybe you should watch Pacific Heights.
:eek: We did.

We’d just bought our first home together and were debating whether to sell or rent out Mr520’s house.They’d just broken ground on the 1st Gold Line Metro station; our house was within walking distance and we figured if we could hang on to it for a few years… We were right. Real estate is so crazy here that had we held on for 5 more years we would have made a cool half mil.

But then we watched it. :eek:

Re: California tenancy issue

Posted: Sat May 22, 2021 11:20 pm
by Patagoniagirl
I see a Judge Judy rip coming.

Re: California tenancy issue

Posted: Sat May 22, 2021 11:22 pm
by MaryContrary
busterbunker wrote: Sat May 22, 2021 8:55 pm These situations can get real tricky real fast. For a start, you should carefully examine the terms of her lease. Tenant's rights vary widely between various counties and cities. CA is currently under a temporary ban on evictions (for most circumstances) which is set to expire on July 1, but may be extended, either by the state or the municipality in which one lives. This includes the eviction of sub-tenants.

I don't know the regulations for San Diego, but they seem to be a little more landlord-friendly than other places, at first glance. Landlords have been affected by unpaid rent and some cities have recently passing ordinances tipping the scales to their advantage. It's a fluid situation and the poop is going to hit the fan in a few weeks.

Even when a primary tenant has a good relationship with their landlord, each may be relatively powerless to evict an unruly sub-tenant. The landlord may have no recourse other than to evict the lot.

Here are a couple of resources that may help:
https://www.sdcba.org/?pg=Landlord
https://www.sdhc.org/evictionban/

The second page lists a few phone numbers who may be able to provide better advice. I'm not a lawyer, just been dealing with a lot of this stuff. Good luck!
Thank you for your input. I put a call out to a local lawyer for some local advice but I probably won’t hear back until Monday.

I have been advising against allowing this person into their home for quite a few reasons. Of course, I’m old and they are trying to save the world so who really knows. I just ultimately do not want them screwing themselves over too bad in the long run. Hopefully this is all for naught but I know I would regret not getting answers for them.

They have all (the roommates) graduated and started their ‘adulting’ jobs (everything seems to be adulting when they pay their own bills. Lol). I would hate that helping out a friend could cause harm.

Re: California tenancy issue

Posted: Sat May 22, 2021 11:24 pm
by MaryContrary
Kate520 wrote: Sat May 22, 2021 9:26 pm
filly wrote: Sat May 22, 2021 8:10 pm Maybe you should watch Pacific Heights.
:eek: We did.

We’d just bought our first home together and were debating whether to sell or rent out Mr520’s house.They’d just broken ground on the 1st Gold Line Metro station; our house was within walking distance and we figured if we could hang on to it for a few years… We were right. Real estate is so crazy here that had we held on for 5 more years we would have made a cool half mil.

But then we watched it. :eek:
Currently housing market in California is scary enough without watching any movies about it! Market down here is just nuts