Re: Unauthorized Tenant - Hard to Prove?? - Landlord Forum thread 202838

Re: Unauthorized Tenant - Hard to Prove?? by A.T.SF (CA) on June 11, 2010 @11:14

You do not have to prove anything. Your tenant has to prove that an additional key was not issued to anyone else.
The State of California allows you to post a Notice of Unauthorized Occupant. This notification puts your tenant on notice that you have detected someone other than the Lease/ Rental Agreement signer as occupying the residence as a primary residence. Go back over your rental agreement and identify that portion; highlight it, underline it; and attach it with the notice. If you are not in a Rent Control City/County, this would violate the written agreement and you can give your tenant options; Rent Increase of less than 10% to cover additional expenses; 30/60 day notice to vacate; or Just notice of the unauthorized occupant to vacate.
If you are in a Rent Control City/County, issue the Notice of Unauthorized Occupant but, you may not raise the rent. You can in-conjunction issue a 6.14 Costa Hawkins Statute Notice that when the original tenant vacates the remaining tenant will be served with a market increase of rent and must file new rent terms.
Hope that starts you out. What City and County is this?

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Re: Unauthorized Tenant - Hard to Prove?? by Anonymous on June 16, 2010 @01:15	[ Reply ]

Thanks for the useful responses. Sorry, I was traveling and could not respond promptly. This is in Orange County. So, there is no rent control.