Q: ROS Duple Property When I purchased this duplex, lease was father name. he hasn't lived in the unit his son lives in.
(1) it's son pay rent, Do I have the right to require him to sign a new lease in his name? (2)Do I have the right to ask him to obtain renters insurance? (3) If he does not agree to sign a new lease or purchase renters insurance, what actions can I take?
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A:
As the new property owner, you have the right to require all occupants to have a proper lease in their name, especially since the original tenant (father) is not living in the unit. The current situation presents liability issues, and having the son sign a new lease would establish a direct landlord-tenant relationship.
You can absolutely require renters insurance as a condition of the new lease - this is a common and legal requirement in California that protects both the landlord and tenant. The requirement for renters insurance should be clearly stated in the new lease agreement, along with the minimum coverage amounts required.
If the son refuses to sign a new lease or obtain renters insurance, you can serve him with proper notice to comply with these requirements or vacate the property. In California, you would typically provide a "3-Day Notice to Perform Covenant or Quit" followed by an unlawful detainer (eviction) action if he fails to comply. However, before taking any legal action, you should document all communication and consider consulting with a real estate attorney to ensure you follow proper procedures under California law.
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