When Baby Comes, Landlord Can Evict Family
QUESTION: My wife and I have been living in our two-bedroom apartment in Redondo Beach for over two years. When we moved in, we signed a rental agreement that said, among other things, “occupancy will be no more than two adults.”
Guess what. Next month we’re expecting a child.
Here’s the catch. The original owner said he would have no problem with children if they came along. Unfortunately, he died. His son now runs the building. He’s not given us any indication that a problem may be brewing, but I can’t help wondering if he has any grounds to evict us for having the child.
Can he evict us for having a child? If the worst comes, how much notice would be required? Would this be considered discrimination? I appreciate any information you can provide.
ANSWER: The owner of your building could probably evict you for having an extra person in your apartment in violation of your rental agreement. It doesn’t necessarily matter that the additional person is a minor child.
If the owner allowed other tenants with a similar size unit and rental agreement as you to have an extra adult in their apartment, and didn’t allow you to have the child, there may be grounds for a discrimination action. Otherwise, probably not.
If the “worst” happens, your owner will be required to give you a 30-day notice to move.
Difference Between Tenant and ‘Lodger’
Q: I am a public-interest attorney from La Jolla, and I was astounded at your June 24 Apartment Life column. In it, you indicated that a “Renter Can Take Steps to Evict Roommate,” then, proceeded to treat a housemate in the same manner as one would treat a tenant living in a residence separate and apart from the owner/landlord.
When one shares his private home with someone, that someone is really a licensee, with a license to share the home and with certain financial considerations being exchanged. It is not an “assignment or sublease.”
I have rented my extra bedroom in my “owned” condo for years, and I have a written agreement that provides that either party can terminate on 10-days notice, or a week’s notice. The law does not force me to continue for months to share the privacy of my kitchen, bathroom and home with an adverse party who I want out.
If one were to take your column at face value, one would be stuck with the obnoxious housemate and intolerable personal living conditions for months! I have been on both ends of this for years and your column really upset me. Do you still believe this?
A: Yes. That column dealt with a tenant who rented out a portion of her rented apartment to another person, not her “owned” home or condo.
You, probably, are referring to Civil Code Section 1964.5. It talks about, “The hiring of a room by a lodger on a periodic basic (like weekly or every 10 days) within a dwelling unit occupied by the owner. . . .” It clearly says, “This section applies only to owner-occupied dwellings. . . .”
The code also talks about removing such “lodgers” from one’s home. It says, “The lodger’s removal from the premises may thereafter be effected pursuant to the provisions of Section 602.5 of the Penal Code. . . .” (If the lodger does not leave after the expiration of a notice at least as long as the rental period not exceeding one month, the police may be called to arrest the person.”)
In the question previously answered by us, our conclusion is the same. The person we described appeared to fit the description of a subtenant, whose tenancy must be terminated thorough an eviction.
Deposit Must Be Settled by Co-Tenants
Q: My daughter and a friend signed a month-to-month rental agreement for an apartment that they shared in Los Angeles. After several months, my daughter decided to move out. She gave the landlord a 30-day notice to vacate.
Her roommate planned to stay and pay all the rent. The landlord said my daughter’s 30-day notice did not relieve her of her responsibility for the security deposit agreement. He said that both tenants would have to vacate to terminate the agreement. Is this true?
A: Yes and no. Because your daughter signed a month-to-month rental agreement, instead of a lease, her “liability” for the agreement, including rent, ceases at the end of the 30-day notice period. So the owner is wrong about your daughter. She has an independent obligation to perform under the agreement, and an independent right to terminate her responsibilities under it.
However, that does not mean that the owner of the apartment will refund your daughter her portion of any security deposit that he is holding on the apartment. She’ll have to work that out with her roommate. The security deposit is only refunded when the “tenancy” ends, after the apartment is completely vacated.
