Santa Clara, CA · Member since 2017 · 1 post · 0 votes
When I signed on with a PM, I told them I wanted my house rented month to month. I recently listed the house, and found that the PM signed a 12 month lease with the tenant. The tenant falsified their application by not listing their children as residents, and did not pay utilities for 4 months. Am I right to assume there is no valid lease?
Real Estate Broker · Rancho Cucamonga, CA · Member since 2017 · 12 posts · 6 votes
9y
Was the lease counter signed by the landlord? (You or PM if PM has authority?) If so, you have a 12 month lease. California is a tenant friendly state. Check with your eviction attorney but my attorney has told me that it is next to impossible to evict someone who is on a lease, and paying rent.
My tenant was subleasing to homeless people by the night and selling shower time. They had people living in the garage, in cars out front, and beds through the apartment. Luckily their lease was up and I got them out quickly.
If it comes to a point that you have to evict, hire an attorney! California is against landlords every step of the way. A professional tenant can string out an eviction 6 to 12 months if you don't file the paperwork correctly.
Utilities are also very tricky. Check with an attorney before you do anything. It is my understanding that it is against the law to turn the utilities off for non-payment if they are in your name and tenants are in the building.