Q: What right does someone have who receives mail at apt. but is not on the lease
Ex is not on the lease, lives in apartment, wont leave, gets mail here but hasn't paid rent for the month. We do not have a written contract.
A:
In California, a person who receives mail at an apartment but is not on the lease is considered an "unauthorized occupant" or "squatter." However, they may still have certain rights under California law, depending on the circumstances.
1. Establishing tenancy: If the person has been living in the apartment for an extended period with the landlord's knowledge and consent (even if there's no written agreement), they might be considered a "tenant at will" and have some tenancy rights.
2. Eviction process: If the person is considered a tenant, the landlord must follow proper eviction procedures, such as serving a written notice to vacate and filing an unlawful detainer lawsuit if they refuse to leave.
3. Rent payment: If there was an oral agreement for the person to pay rent and they fail to do so, the landlord may serve a 3-day "pay or quit" notice before proceeding with the eviction process.
4. Domestic violence: If the person is a victim of domestic violence, they may have additional protections under California law, even if they are not on the lease.
However, if the person is truly an unauthorized occupant and has no agreement with the landlord, the landlord may have the right to remove them from the property without going through the formal eviction process. It is always best to consult with a local landlord-tenant attorney or legal aid organization for guidance on your specific situation, as unauthorized occupancy cases can be complex.
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