Landlord trying to evict tenant's wife

[dancedoula]

I live in California. My husband began renting an apartment on a month-to-month lease last October. He was shown a model apartment before he moved in, which was nothing like the unit given to him. His apartment has many things wrong with it, including doors that do not shut. He has always paid rent early, and has never bothered any neighbors. When he moved in here we weren't sure I was going to be living here, as I live with my family and take care of them, and I never applied to be on the lease. But as time went on, I spent more and more time at his apartment. He was just served with a three day notice, telling him that his "girlfriend" has to leave, or he would be evicted. What can we do? Do we have any legal standing?

Thank you for your time.

-Stacy

 

[acmb05]

I live in California. My husband began renting an apartment on a month-to-month lease last October. He was shown a model apartment before he moved in, which was nothing like the unit given to him. His apartment has many things wrong with it, including doors that do not shut. He has always paid rent early, and has never bothered any neighbors. When he moved in here we weren't sure I was going to be living here, as I live with my family and take care of them, and I never applied to be on the lease. But as time went on, I spent more and more time at his apartment. He was just served with a three day notice, telling him that his "girlfriend" has to leave, or he would be evicted. What can we do? Do we have any legal standing?

Thank you for your time.

-Stacy

He can go to the office with a copy of his marriage license and show them that he is married and that you are not his girlfirend. Then ask for them to withdraw thier notice.

 

[dancedoula]

I'm wondering....

Thank you for your response

I'm wondering though, since we are married, would it be breaching the lease somehow since he knew that I might end up living here and never told the landlord?

 

[Alaska landlord]

Be prepared to sign a lease at that time assuming you meet all of the rental criteria. If you refuse, then the landlord is within his rights to evict you both.

 

[CA LL]

His contract likely provides for only one occupant and if you are there you are an unauthorized occupant at this point.

Everything else is not relative.

Seems a bit odd to have husband rent an apartment by himself without disclosing his wife would be there part time, etc.

I suspect there might be something else going on...

Where in CA? Rent control area or not?

 

[Cvillecpm]

Have him give his 30 day written notice and then you BOTH find a suitable property for you both to live in and you both complete rental applications.

He did not ACKNOWLEDGE you or that he was married when he moved in and that is a NoNo

 

[acmb05]

Have him give his 30 day written notice and then you BOTH find a suitable property for you both to live in and you both complete rental applications.

He did not ACKNOWLEDGE you or that he was married when he moved in and that is a NoNo

exactly how do you know that? He could very well of mentioned he was married and that his wife was living with her parents taking care of them. The landlord may think he is cheating now.

Regardless the landlord has only two options.

1. Add the wife to the lease if they want to

2. Send a 30 day notice to vacate. There is no way they will be able to evict ONLY the wife. A spouse does not have to be on a lease in order to be able to live in the rental of thier spouse

 

[ENASNI]

Shoot girl, read the lease, does it say do not let anyone move in without written sa-so. The peeps need to know who lives there. Keep on the up and up.Sheesh even asking the question makes me question you. What up?

If he is trying to evict you as your title says, maybe there is something wrongo with the scenario. I am NOT saying there IS but you are not very forthcoming on the Sitch.

i am just wary on this. I have read this post a few tiimes and am not sure of the ... well I am not sure.

 

[Cvillecpm]

Ace writes...."exactly how do you know that?"

I know he was not forthcoming with his/her situation because mgmt is calling her his GIRL FRIEND.

OP wrote...."He was just served with a three day notice, telling him that his "girlfriend" has to leave, or he would be evicted."

Landlords have the RIGHT and RESPONSIBILITY to KNOW WHO is living in their rental units so you need to acknowlege WHO you are and IF YOU ARE going to live with him, you need to ask permission from his current mgmt OR give notice and move.

 

[acmb05]

Ace writes...."exactly how do you know that?"

I know he was not forthcoming with his/her situation because mgmt is calling her his GIRL FRIEND.

OP wrote...."He was just served with a three day notice, telling him that his "girlfriend" has to leave, or he would be evicted."

Landlords have the RIGHT and RESPONSIBILITY to KNOW WHO is living in their rental units so you need to acknowlege WHO you are and IF YOU ARE going to live with him, you need to ask permission from his current mgmt OR give notice and move.

And as I said he could have told them his wife was living with her parents taking care of them and they may think it IS a girlfriend.

 

[acmb05]

Ace writes...."exactly how do you know that?"

I know he was not forthcoming with his/her situation because mgmt is calling her his GIRL FRIEND.

OP wrote...."He was just served with a three day notice, telling him that his "girlfriend" has to leave, or he would be evicted."

Landlords have the RIGHT and RESPONSIBILITY to KNOW WHO is living in their rental units so you need to acknowlege WHO you are and IF YOU ARE going to live with him, you need to ask permission from his current mgmt OR give notice and move.

And in most states you do not need permission for your spouse to move in with you. A landlord trying to evict a wife for moving in with her husband would probably be laughed out of court if not dismissed before it even got to court.

 

[Cvillecpm]

Not in CA...overcrowding issues are EXTREMELY SERIOUS.

Again, OP's husband has not acknowledged she is his WIFE and he may be the ONLY OCCUPANT by the lease provisions.

 

[acmb05]

Not in CA...overcrowding issues are EXTREMELY SERIOUS.

What the hell are you talking about? Its a one bedroom apartment with only him and his wife, where do you come up with anything about overcrowding?

Again, OP's husband has not acknowledged she is his WIFE and he may be the ONLY OCCUPANT by the lease provisions.

You don't get it do you? Whether he listed as the only occupant or not they cannot force his wife out. They are married. Of course they could always give them both proper notice to vacate since it is a month to month lease.

 

[Alaska landlord]

I submit to you that it is YOU that doesn’t get it. This is not about familial discrimination. This is about an illegal tenant that may not want to submit to the landlord’s scrutiny prior to renting. If she is willing to go through the LL’s checks and balances, then there should not be a problem. This is no different then requiring both spouses to fill out an application and submit to a credit and background check prior to acceptance. They can both get the boot lease or no lease.

 

[Alaska landlord]

And in most states you do not need permission for your spouse to move in with you. A landlord trying to evict a wife for moving in with her husband would probably be laughed out of court if not dismissed before it even got to court.

Ok, let’s look at it this way. Landlord rents to young lady, lady meets boy. Boy has criminal background i.e. Child molester etc. Guy tells girl it was a bum wrap. Girl marries boy and moves him into her apartment.

Are you saying that since they are married I have to allow him in my property? I don’t think so!