State Specific Question About: CALIFORNIA (CA)

One bedroom apartment - a tenant since year 2011. We took over the management in late year 2012.

The list of occupants: a single mom with 3 kid at current of 16, 12, 7. Now, she has a newborn. Manager said she saw a man come to visit tenant sometimes, but she is not sure if he lives in the unit. Manager said she will watch more closely from now on.

Is this too many occupants now? Can I give a 60 notice to move out?

She has a comfort animal (dog), but the letter from Amanda Williams MSW LICSW ( I asked about it in the past.) was expired on 8/26/2017. Tenant said she has no money to pay for a "renewal" letter.

Thanks in advance.

AW,

The newborn does not count as an occupant until age 1.

But I do see 4 persons in a one bedroom. We only allow 2 per bedroom. Some people allow 2 plus someone on the couch.

Personally I don't worry unless there is a problem. If she is current on rent and no issues I have bigger fish to fry.

BUT...

I'll guess other problems are there too. Time for a walkthru and check her payments.

I think that I remember that your place is in SoCal. I just mention this because San Jose just amended an ordinance, 17.20.270, that brought the number of tenants per room down from 17 to 12 for a one-bedroom unit, one person being allotted 50sf for the habitable part. For a two-bedroom unit, 17 tenatns are allowed. Anyway, you might look up your local laws to make sure that you'll be able to defend yourself just for good measure.

Salernitana, I found this searching for Subsection B of ordinance 17.20. 270 the ordinance specifies two persons per bedroom or for the case of an efficiency, two persons.

There was another statement that said parents, brothers, cousins etc. qualify as additional tenants.

Here is the actual wording for CA though this looks like a draft. An obligation to limit occupancy when the additional Tenant(s) who join the Tenant Household are any of the following: a dependent child or foster child, the spouse or domestic partner (which terms may be further defined in the regulations adopted by the City Manager), parent, brother, or sister of a Tenant; so long as the total number of adult Tenants in the unit does not exceed the greater of either the maximum number of individuals authorized in the rental agreement or two persons per bedroom, or in the case of a studio unit, two personsthe number permitted by the City under subsection B of Section 17.20.270. The Landlord has the right to approve or disapprove a prospective additional Tenant who is not a dependent child or foster child, spouse or domestic partner, or parent, brother, or sister of a Tenant, provided that the approval is not unreasonably withheld.

Thanks very much, AllyM, for looking at the document 17.20.270 for the City of San Jose. The crazy number of tenants was found in a pdf using the City's letterhead under the search terms "san jose rental rights and referrals program Tenant Protection Ordinance (Chapter 17.23 Part 12)." I think that it applies to apartment units only. It would be great if the number under section 13 isn't 12 people for a single and 14 for a double. I'd post the link, but I think I'll be blocked.

AW, again I think that you're in Southern California, and I would just check your local laws to double check before initiating contact. Best of luck.

Thank you all very much. I get great helps from here. Thanks again. Happy Holidays.

Before you make any move,..consult with a GOOD RE lawyer, It cost me almost 100K for my secretary MENTIONING that my tenant moved in a kid,..tenant got a super lawyer on her side (contingency of course)

Waltzed it to a federal discrimination case ,..cost 35 K for legal fees,and court costs ..rest to payoff to get her to drop the case and lost time.

(She and this lawyer did it at least once before,..She orchestrated this)

BTW the town said the apt was too small for her and her other kids,..the Feds said they trumped local law in these things,..