/diy/ - Do It Yourself

Most universities with law schools will offer free law clinics. I know that university of San Francisco law school has specific students and lawyers who deal just with Tennant rights.

>>438204
Thanks anon will look into that, any other suggestions will be helpful

The answer is - move out. It sounds like your landlord is also your roommate, and he's moved in a third person without asking.

You can ask that rent/power/utilities can be split 3 ways, but getting a lawyer is pointless. Even if you win (after spending a ton of money on law fees) what's the endgame? You live with a roommate who hates the shit out of you and will try to kick you out at the slightest provocation? Likely even getting a lawyer involved will start the 'you get kicked out' process, and while you can pull a bunch of shady tricks to try and stay living where you are you're going to lose in the end and your living situation will be hell.

laws favor the land owner in most states. If you aren't happy with the situation, you should say something to the landlord, or let him know that you are moving out.
keep it peaceful. a restraining order keeps you out, it doesn't relieve you of an obligation to pay the lease.

Well I mean shouldn't there be some sort of refund for the months she has been staying since I'm paying rent for the house ans never in the agreement did it say I was going to share the house?

Most leases are basically "You pay $1800 a month, split it amongst yourselves." If that's the deal then each roommate has to sign that same contract, if your landlord or landlord's daughter has moved in they have to pay their share, if they aren't and they've taken up residence then they have no right to be there.

If they are paying or you didn't sign a document like that then you're kinda screwed.

I work as a IT guy at a law firm, so I am NOT A LAWYER. What I think according to just what I hear in the hallways though is that your landlord is probably within his rights. Only way of knowning though is (even for a lawyer) is by going through the contract though.

Isn't there some laws which allow the landlord to kick out a renter if a family member wants to live there?

I realize your situation is a bit different. Do you have a lease signed? If so there might be a violation of that.

If not I would talk to the landlord tell them to compensate you if the person is not paying utilities and such, and in the meantime start looking for a new place.

BTW is she good looking at least?

You might be shit out of luck: http://homeguides.sfgate.com/landlord-rights-california-8267.html

>>Landlords are also allowed to have close relatives, including siblings or parents, move in to a unit, according to the Rent Board.

I wouldn't waste time, ask for utility compensation if it's not being split and find a new place.

Okay bro, I'm out in Cali and I've been renting for years so I know my way around the laws fairly well. Did the college room mate thing, which sounds similar to your situation. I'll try to help you out but I need more info.

Is this a legal rental? Contract and all that or just verbal. If contract, do you have it on hand?
What is your living situation? Are you renting the whole house or "a room"?
Is it a blanket lease (like >>438309 says) or does each room mate have their own separate contract?
Are you leasing or is it month to month? If a lease, when is it up?
How do you guys handle utilities?
Has the daughter paid anything towards rent or utilities at all?
How much of the house does she have? A room? Sleeping on the couch?
Did she displace anyone or sharing a room that wasn't shared before?
Other than living there, has she cause any problems? Stolen stuff? Acted like a bitch? Etc.
Did you literally get no warning she was coming? Came home one day and there she was, shit like that.
Do you have any info on how long shes staying or what kind of arrangement she made with her dad?

You should demand she pays her share of the rent by having sex with you.

Your landlord can't even enter the property without your permission, they can NOT move in with you, allow others to move in, or store items on the property once it is rented.

>>438468

It depends. If each room mate is on a separate contract and is only renting a room each, the landlord can just give his daughter a lease for one room. I had this happen a lot when I was in college. The landlord would rent each room separately in a 4 bedroom house, that way he didn't have to redo all his paperwork when someone graduated and left. I was in his place for 3 years and a least a dozen people rolled through this way. Thats why we need to hear from OP about what his circumstances are.

DAMN I fuckign step away from DIY for TWO DAYS and this shit pops up.

OP, florida real estate attorney here. let's see...

Basically your landlord has likely breached your lease by failing to deliver exclusive possession. You may also argue that he has breached your right to quiet enjoyment, but the exclusive possession claim is stronger.

1) hope you have a lease. if not, you're a dumbass. always get it in writing. sorry, but its true. if you have a lease, review it and make sure it grants you exclusive tenancy of the whole house, not just a part of it. in other words, if it says, landlord rents to tenant the property at 123 main street, and thats it, then you rented the WHOLE PROPERTY and he cant let other people move in.

2) if you dont have a written lease, then you have to go off of the oral agreement you have with him. i will need more details, but you may have a 1 year lease, you may have a monthly tenancy, i dont know without more info.

3) what you need to do "that is lawfully" is to provide what in florida would be called a NOTICE FROM TENANT TO LANDLORD--WITHHOLDING RENT FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY MATERIAL PROVISIONS OF THE RENTAL AGREEMENT

state your name, the date, his name, both your addresses, and explain that by allowing his daughter to move into the premises he has breached your lease agreement due to a failure to deliver possession of the property. notify him in the letter that if this problem is not resolved you will be withholding rent. Your other option is to give him 7 days to cure and then declare the lease terminated and move out, just depends on what you want.

mail the letter certified return receipt but call and talk to him first

most of your answers can be found here http://www.dca.ca.gov/publications/landlordbook/ and http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

specifically local help here http://www.dca.ca.gov/publications/landlordbook/resolve-problems.shtml

>>438431
no dum dum
thats regarding special cases like san fran where you apparently have to evict for "just cause" and one example is if the owner wants to move into the unit. use context clues; they are saying that close relatives moving into the unit are considered just cause for evicting a current tenant.

nowhere on earth, unless you agree to it before hand, is another person allowed to move into the place you are paying to live without your permission.

>>438427
no. not within his rights.

>>438475
yes indeed if OP has only rented a room or a part of the house, the landlord can do as he pleases with the rest. doesn't matter that the girl is landlords daughter, as he could have moved sideshow bob in and OP cant complain on that fact alone.

there is only an issue if OP has a whole-house lease, which is what i assumed (since its the only way there is a conflict to discuss)

OP give us more info.

>lease terms
>why did she move in
>did landlord ask
>what the fuck is going on nobody does this
>do you live in a rent control city
>do you live in a box

>>438220
Ohhhhoohooo, you could not be more wrong friendo.

There's a tripfag on here named flaww who is also a lawyerfag and works in eviction. You wouldn't believe some of the horror stories.

If you're living with your landlord it could be a problem, but if you just signed a lease and he showed up with his daughter like "Sup" then it could be an issue. We need more info though, OP.

>>438496
Ah, I see you're here.

>>438855
hahaha that was classic

it really depends on the jurisdiction man. in Florida, we can actually evict pretty quick. In some places cough cough california cough cough evictions can take months.

i have not conducted a state by state analysis do i cannot opine. but l-t issues are always bad news because its about the place WHERE YOU LIVE. not your car or your boat, not your money, but WHERE YOU SLEEP.

shit goes from 0 to REAL in no time flat.

>>439298
what im trying to say is that there may be a big gap between what you and the landlord can and cannot do under the law versus what people ACTUALLY do.

If you are wronged, but in the end prevail under law, that does not change the fact that when your lanlord changed your locks and threw all your things away you still had nowhere to sleep for a week.

This is why I always stress negotiation. Even nice people can turn into total assholes once you take them to court.

Mathew 5:25- "Settle matters quickly with your adversary who is taking you to court. Do it while you are still together on the way, or your adversary may hand you over to the judge, and the judge may hand you over to the officer, and you may be thrown into prison."

>>438202
>>438202
Have you tried the housing authority in the county you live in?