Landlord-Tenant
Why It's Important To Distinguish The Difference Between A Lodger And A Tenant
Posted by: Kenny Tan
July 23, 2011
Deciding whether a person is a mere lodger or a tenant can be very important in deciding whether advance notices need to be given to the renter prior to eviction or relocation expenses need to be paid to the renter should you decide to take the unit back for your own living. But the line can be blurred and the court looks at a number of factors to reach a conclusion
Can A Tenant Be Evicted For Changing Locks To Their Rental Unit Without Landlords' Permission?
Posted by: Kenny Tan
July 18, 2011
It's not uncommon for tenants to decide to change the locks to their rental unit, especially when their landlords habitually access their units without their permission.
But whatever their reasons, can landlords evict them for doing so?
In many instances a landlord can't evict a tenant for changing locks. In California, there's no law that prohibits a tenant from changing locks unless the written lease explicitly so states. For instance, some leases state that tenants must obtain landlords' permission before they may change the locks to their rental units. In some cases, there's a blanket prohibition on tenants' ability to change locks. Also, even if locks may be changed with landlords' permission, most leases require tenants to provide a key to the landlord on the new lock.
Even if the landlords find out about it, before a tenant can be evicted for changing locks, landlords are still required to serve 3-day notices. As long as the old locks are put back before the 3-day notice to cure or quit, landlords can't proceed to file the unlawful detainer.
Vendee In Possession: Does A Tenant Have To Continue To Pay Rent After He's Exercised The Right Of First Refusal?
Posted by: Kenny Tan
July 17, 2011
Some leases (usually commercial but sometimes residential ones as well) contain a right of first refusal clause.
The right of first refusal gives a tenant a right to purchase the property that he's renting if the landlord decides to sell it.
This is how it usually works:
The landlord lists the property for sale. Every time that the landlord receives an offer, he's obligated to present the offer to the tenant. Tenant has the right to accept that offer and the landlord would be obligated to sell the property to him based on the exact same terms and conditions in that offer. But the tenant doesn't have the right to counteroffer the offer. The landlord himself can't accept that offer and sell it to the offeror but may only do so after the tenant has indicated his refusal to accept that offer. Hence, that condition in a lease is commonly referred to as the "right of first refusal."
Usually the lease itself specifies how and when that right of first refusal should be exercised. For instance, it may state the right must be exercised by service of written notice of acceptance of the offer and within a certain date.
A tenant may lose his right of first refusal if he has been in default on the lease such as nonpayment of rent.
Once the tenant has exercised the right of first refusal, the obligation to pay rent is extinguished. He has become a vendee in possession and cannot be evicted for nonpayment of rent. (The word "Vendee" is synonymous with buyer just as the word "Vendor" is with seller)
Typically when there's an eviction filed against a tenant for either nonpayment of rent or violation of other terms in the lease after the right of first refusal is exercised, it's usually based on the landlord's contention that the right of first refusal clause is not valid or it was not properly exercised.
In any case, an unlawful detainer action may be dismissed on the ground that the defendant tenant has become a vendee in possession who is not subject to eviction.
Also, a tenant who has exercised a valid right of first refusal may sue for specific performance and record a lis pendens to prevent the landlord from selling the property to someone else.
