Question about California Landlord tenant law?

Question

We have lived in a rental home for over 3.5 years. When we moved in, I filled in the application. The homeowner has just realized that my husband did not also complete an application (this was not an intentional omission on our part - the property manager never asked for him to complete one. He did sign the lease along with me.). We are now on month-to-month, and have always paid our rent on time.

Please, only answer if you have knowledge of California landlord tenant law.

The owner is now asking for my husband's application. I am not willing to complete one with a current date, as it implies that his application might be rejected. I'm happy to provide all his information that would be included on an app. If he was to complete the application as the owner is requesting, can she now reject his application? Would she then be able to serve us with a three day notice?

D.E.B.S. · Accepted Answer

3 day notice does not come into play.  You would get standard notice which would be 60 days since you've lived there longer than a year.  (That's California specific law.  Anyone referencing 30 days is referring to everywhere except California.)

Now, CAN they give you notice for not having him do an application?  Sure.  CAN they give you notice if they reject your husband's application?  Sure.  If you're a good tenant then neither of those things make good business sense.  If it were me I'd like to understand why it matters.  Then get them to agree, in writing, to whatever their plans are.  

The only reason this could matter is if you're in a rent controlled city like SF and they're looking for a way to bump your rent way up.  If that's the case, you should make sure you talk to a local tenant advisory agency prior to doing anything.

Anonymous · Answer

What does your lease say? Google will to find CA tenant legislation just best, and i think it's silent on the area. If the fruit tree used to be already there while you moved in, it certainly belongs to landlord. I might guess that if the rent is silent on the discipline, he has the correct to the fruit. GL

A Hunch · Answer

No, she can't give you a 3-day notice.
but if he doesn't fill out the paperwork, you are almost certain to get a 30 days notice (end of your month to month tenancy)

? · Answer

Even if your husband has a problem with his personal or financial information or references, you and your husband have both lived there for quite a while and have a good record. They would not evict him at this point in time. The one exception may be if this is a big property management corporation and they dont want you there because of your husband. They dont seem to have grounds for eviction.  If they are so determined to get rid of you, they still have to give you 60 days notice to terminate since you have been there over a year.

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Question about California Landlord tenant law?

4 Answers