Bell, CA asked in Real Estate Law and Landlord - Tenant for California

Q: Can my landlord kick me out for paperwork lost on their behalf that I can't replicate?

Before my lease was up I had to go look for an old roommate (cosigner) who moved out not even two months of being there because she wasn't paying rent. She signed a paper to the office explaining she was no longer living there and the office accepted it and that was that. A few months pass and a new company bought the apartments. They called me in to sign a new lease but said all my roommates had to be there or i couldn't renew. I had stated what the old office had and they stated since the old office had it then they probably lost the paperwork but my old roommate was still on the lease and had to be there or i couldn't sign the lease. When I explained the situation and why I couldn't find her anymore the manager sent a letter to corporate and they said I could stay but couldn't renew my lease so I would be paying month to month without raising my rent Well only about a month has passed and they are making me go through this all over again and it's very stressful to deal with them

1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Assuming you do not live in a jurisdiction with eviction controls, you are now a regular month to month tenant. Because you have lived there over a year, they must generally give you 60 days notice to terminate your tenancy. They are not required to offer you a full lease renewal. You should be documenting in writing the exchanges you are having with the manager and corporate. Send a certified letter to one or the other, with a CC to the other one, explaining when the original roommate moved out and why they are not available to sign a new lease; tell them you are willing to sign a new lease.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.