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Fresno Real Estate Forum

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Gregory Wyatt
  • Clovis, CA
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Non leased Occupant won't leave

Gregory Wyatt
  • Clovis, CA
Posted Jul 3 2016, 10:30

Hello!  I recently purchased a few condos in a complex, and have a situation that I inherited.  The person that's responsible for the lease originally added another individual as an 'occupant'. The leasee is in good standing, but now wants the 'occupant' out of her condo.  The occupant is saying that she cannot be forced out without a 30 day written notice. 

I'm not a lawyer, and I was wondering:  Is it my responsibility to give the occupant a 30 day notice, or is it the responsibility of the tenant?  Is a 30 day notice even warranted in this situation, or does the leasee have the right to just tell the occupant to leave?

I appreciate all comments.

Greg

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Vincent Guerrero
  • Professional
  • Covina, CA
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Vincent Guerrero
  • Professional
  • Covina, CA
Replied Jul 3 2016, 11:04

How long has that person lived there, are they receiving mail from a school district or government agency? If they can establish residency, they can push for the notice. Having said all that, why is that person in the unit without being on the lease? For me, if a guest is staying for an extended time period, there must a legit reason and a specific time frame. If it extends beyond that then they need to be added to the lease, having done credit check and additional deposits. If they fail to notify me of the additional person I give them notice to remove the person with the understanding that non compliance will result in everyone being asked to leave.

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Sam Shueh
  • Real Estate Agent
  • Cupertino, CA
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Sam Shueh
  • Real Estate Agent
  • Cupertino, CA
Replied Jan 26 2017, 13:51

Take the lease to a real estate eviction lawyer.  If you ain't have a current one they will tell you troubles are coming.....

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