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ValleyMiley
Santa Clarita, North of LA, LA, CA
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since Nov 13 2012

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Locked. No further comments permitted.Legal Help
Apr 13 2017 07:42AM more by ValleyMiley
Tags: LA, Random (All tags)

I have a question that needs answering urgently. No this isn't about my DWP bill; you'll be happy and surprised to know that I'm current on my power bill.

So when I was looking for an apartment, I came to look at this apartment in which I currently reside. The manager at the time recognized that maybe my credit wasn't the best, but I said I had my mom as a cosigner. She decided it would be a good idea to apply ONLY in my mom's name, leaving me completely out of the lease. With her guidance I wrote up letters stating that my mom was going through a separation and thus needed an apartment despite her perfect credit and substantial income. She was approved, and I moved in.

A couple of months later, that manager moved properties. She and I stayed in touch via text in case I needed advice on what to do in case of inspection, etc.

Recently I heard from the original manager who said that the current management was not happy with me. Her main complaint was that I had dogs living with me (I had a couple of friends visit and bring their dogs). Other residents have dogs so I didn't realize this would be a problem, but I was told that they were "grandfathered in" and that new residents can't have dogs. Other residents told on me and said I had dogs; they are not my dogs and have since left. I got a notice saying there would be an inspection. I made sure to clean the place up and not to be home, as the original manager recommended.

Two days later I have a three-day notice on my door with the following complaints:
1. Dark floral film over the front windows (which I had approved by the original manager, and which I put up because multiple requests to maintenance to fix my blinds were ignored)
2. Changed the lock to a keypad lock (I can easily change it back)
3. Two dogs and several cats (I put cats on the original application and am currently working on getting them assigned as emotional support animals -- I just need a letter from my doctor and $80/each cat)
4. Unauthorized female living in the unit (that's me).

My mom called the new manager and tried to appeal to her; it did not go well. They said if she signs a stipulation that she will be let out of the lease without fault and her credit will not be affected. They are giving me until the end of May to move out. They said I could only stay if my credit check passes (it most likely won't) and if I get rid of the cats (not an option). The original manager just says I need to leave, and is trying to help me find a place to move. I don't want to move! Can they do this? My lease isn't up for several more months. My rent is and has been in full and on time every single month. Please advise.
      
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Pretty_Kittty
CA
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Apr 13 2017 07:59AM     link to this

tbh i would call a lawyer and read your lease carefully. they always put so many reasons why they can give you the boot. key pad issue is more cause they want access at all times into the unit. cats, if on original lease can't be held against you. you have to see the rules about visitors and how many consecutive days guests (you) can stay before you would have to be added to lease. stay up til then leave a day come back, idk. it sounds like they really want that unit though. maybe they increased rent and are trying to get more from a new tenant.
ValleyMiley
Santa Clarita, North of LA, LA, CA
4 blogs/17 comments
since Nov 13 2012

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Apr 13 2017 08:01AM     link to this

They are doing construction on the laundry room, with which I happen to share a wall. I've thought that they maybe want my unit because of that.

Is that legal?
Phighton
OC, CA
3 blogs/50 comments
since Jun 6 2008

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Apr 13 2017 08:09AM     link to this

I agree with Pretty Kitty, call a lawyer that deals with property leases sometimes they will see you no cost to see if you have a case. Sounds fishy to me, may just want the locks changed and cats gone who knows. But we are in California you can sue anyone for anything these days......
interface
SFV, LA, CA
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since Aug 30 2008

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Apr 13 2017 08:12AM     link to this

the answer is read the lease. if it says no animals and you have animals you have a problem. you aren't the tenant. if there is no subleasing without the landlord's approval you have a problem. if you wanted to force legal action your mother would be named in any law suit by the landlord.
ValleyMiley
Santa Clarita, North of LA, LA, CA
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since Nov 13 2012

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Apr 13 2017 08:20AM     link to this

For the record, I always pick up after the "little fuckers" -- I'm not a piece of shit like the ones they drop
DelilahRose
Simi Valley, Ventura, Central Coast, CA
427 blogs/23016 comments
since Dec 27 2012

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Apr 13 2017 09:13AM     link to this

Emotional support animals? Is that a real thing? Lol
MUNK
Lake Forest, OC, CA
736 blogs/21204 comments
since Feb 2 2013

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Apr 13 2017 09:13AM     link to this

My emotional supporter ^^
kaceeleigh
Inland Empire, CA
34 blogs/92 comments
since Feb 3 2013

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Apr 13 2017 09:22AM     link to this

You have until the date on the notice to comply or they can move forward with evicting you. You have the right to go to small claims per your oral agreements but good luck with that!

Thanks the notice serious, sounds like your looking toward an eviction notice.

All that really matters is what your lease says. Sounds like the violations are true, therefore correct them, or start packing

Google :renters rights in California
Download the PDF.


aries1
Irvine, OC, CA
3 blogs/96 comments
since Dec 15 2014

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Apr 13 2017 09:43AM     link to this

I would just move, never been one to stay where I'm not wanted.
dearborn
Santa Ana, OC, CA
5 blogs/10 comments
since Sep 26 2008

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Apr 13 2017 10:10AM     link to this

I agree with omegasession, but the outcome of your unlawful detainer depends what the lease says about authorized occupants and pets. PM me if you want to discuss the lease
LuvEmAll
Coastal, LA, CA
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since Aug 7 2009

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Apr 13 2017 10:25AM     link to this

Get qualified legal advice from an attorney with experience handling evictions. No reason to panic, but remember that time is limited because it sounds like you've already received a 30-day notice to correct or quit, as required by law.

I highly recommend Bet Tzedek Legal Services, excellent pro bono and/or very low cost legal representation for tenants facing eviction notices, especially tenants with limited means.

Bet Tzedek Legal Services
145 S Fairfax Ave
Los Angeles, CA 90036
323-939-0506



Zeros
Fullerton, OC, CA
33 blogs/1558 comments
since Apr 7 2015

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Apr 13 2017 10:32AM     link to this

Well, you gone this far! May as well over stay your welcome, stop paying rent and make them get the marshals to force you out!


The soonest an eviction can take place is on the fourth business day after the writ is filed. The writ is valid for 75 days. If the tenant is not evicted in the 75 days, then you will have to file a new (or "alias") writ.

Remember, it is illegal for you to evict the tenant except by scheduling an eviction through the U.S. Marshals Service. The U.S. Marshals must be present during the eviction.


Good Luck! You Will Need IT!
teeitup
Massachusetts
1017 blogs/14626 comments
since Jun 9 2007

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Apr 13 2017 10:54AM     link to this

OK here what I'm getting from this blog:

LuvEmAll = Bet Tzedek

Tldr = Baggins totally loves DR (get a hotel room)

Why I never want to be a landlord.
teeitup
Massachusetts
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Apr 13 2017 10:56AM     link to this

Too bad Fubs didn't give a zero word answer...just sayin
peregrine
CA
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since Sep 6 2008

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Apr 13 2017 10:56AM     link to this

as a property owner in california, i want -all- adults living in a unit to be on the lease. it's a legal thing. it gives me the ability to hold those adults to the letter of the lease agreement under penalty of eviction. otherwise you're just dealing with squatters.

can they do it? sure. your mother violated the lease. she violated the lease by allowing you to live there (an unauthorized resident). they can now cancel the lease. you do not have any agreement (lease) with them so they can evict you.

if the old manager approved a variance (the film on the window), there should be a record of that. if not, then you're in violation of the lease. just because the property manager doesn't perform repairs does not give you the ability to violate the lease agreement and make unapproved modifications to the property.

bottom line is, you gotta follow the rules. if you don't you're subject to the consequences. those consequences can include cancelling the lease and evicting you.

i doubt any lawyer will tell you he can resolve this in a way that is to your liking. but i could be wrong.
ColossusJones
AL
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since Aug 21 2011

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Apr 13 2017 10:59AM     link to this


Unless you're a fugitive or violate federal law, the US Marshals don't give a shit about your eviction issues.

It's the county marshal or possibly a county deputy sheriff who serves all the papers.

Magick
OC, CA
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since Jun 17 2016

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Apr 13 2017 11:12AM     link to this

"She decided it would be a good idea to apply ONLY in my mom's name, leaving me completely out of the lease"
What part of that sounds like a good idea?
teeitup
Massachusetts
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Apr 13 2017 11:48AM     link to this

The "good idea" part. If that's the hardest question today, I'm a taken a long siesta.
MUNK
Lake Forest, OC, CA
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since Feb 2 2013

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Apr 13 2017 12:02PM     link to this

"She decided it would be a good idea to apply ONLY in my mom's name, leaving me completely out of the lease"
What part of that sounds like a good idea?


The part where it's going to hurt her moms credit score ?

On the upside, she can squat there and drag the eviction out a few months and live there for free
notsofast
OC, CA
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since Mar 12 2007

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Apr 13 2017 12:07PM     link to this

I would think blowing the land lord on a regular basis may be the easy answer here.
Plague_Doctor
City of Los Angeles, LA, CA
33 blogs/226 comments
since Aug 30 2016

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Apr 13 2017 12:17PM     link to this

^^^ Finally!!! Someone with a common sense, HX-appropriate answer.
Ispeed2U
Ontario, Inland Empire, CA
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since Feb 15 2006

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Apr 13 2017 12:28PM     link to this

Are you assuming it is a he? Are you sure it is not a she? i e the landlord
peregrine
CA
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Apr 13 2017 12:33PM     link to this

even if its a 'she', she might like a little lip service. you never know for sure until you ask.

btw, if that's the case, we want pictures.
Loki51
SFV, LA, CA
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since Dec 20 2010

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Apr 13 2017 12:36PM     link to this

Another possibility is that the cited violations of the lease (the window treatments, pets, etc) are only handy JUSTIFICATIONS for the eviction.

Possibly the management has other reasons for wanting Miley out, and merely sought a ready, at-hand legal means of accomplishing that, when the real reason may be something else.
notsofast
OC, CA
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since Mar 12 2007

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Apr 13 2017 12:39PM     link to this

Loki, are you suggesting that strange men are coming and going at all times of the day and night?
Loki51
SFV, LA, CA
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since Dec 20 2010

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Apr 13 2017 12:42PM     link to this

^^ LOL ... The reader may infer whatever ideas they choose...
ocguy66
OC, CA
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Apr 13 2017 01:26PM     link to this

As the movie title says..... "Get Out"
flynta
LA, CA
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Apr 13 2017 01:51PM     link to this

It really is as simple a thing as "are you on the leasing contract?" "No?" "Then get out."

Also most people would look the other way as long as there are no issues that affect the property or other tenants. If someone sees something shady then you are done for.

And yeah it does cost a lot and it is very annoying to get someone to move out of your property since most of the time people feel they are right but the law is all about being technically right and as such you don't have a case.

Just be annoying and squat and have your mom get into another lease for you before her credit is wrecked lol
wanban
OC, CA
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Apr 13 2017 01:56PM     link to this

It's impossible to say without reading the lease. Arguably all the items are curable since I doubt you signed a written sublet agreement with your mother. They may also have waived several of the potential breaches, but their agreement likely has an anti-waiver clause.

There's probably more to this though, because generally landlords don't evict a rent paying tenant unless there are other problems that really affect their property.

You're probably best to just take the deal, get you mother off the hook and get another place.
mcconnoisseur
LA, CA
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Apr 13 2017 02:43PM     link to this

These "i need help with (fill in the blank)" blogs are hilarious.

I'm breaking the law/doing something illegal, but I think I should be able to continue to do it. These assholes are out to get me. Halp.

You and your fucked up lives.
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