Interesting discussion going on at the **We Love Burbank** Facebook page right now about an ongoing landlord-tenant dispute.
Apparently the tenant just got this Notice to Correct:
The woman clearly needs to talk to a landlord-tenant attorney ASAP. These things can get grim quick.
Right now though, here’s the story as we understand it:
A mother and a daughter get a Burbank apartment. Both are on the lease; the daughter is pregnant. Daughter soon moves out. It’s a two-bedroom, two-bath place.
Six years later the daughter moves back in with her now six year old, and an older 12-year-old son. Landlord gets upset, sends both leaseholders a three-day ‘correct-or-get-out’ notice. But he also generously gives them about two weeks to get their things in order, which he actually doesn’t have to do legally.
Question: Can the landlord do this?
Maybe. It all depends upon a couple of things:
— Was the notice properly served?
— Is the daughter still on the lease?
— Can a landlord block the entry of any or all minor children of a leasee? Is it illegal discrimination in California?
— Did the landlord in bad faith bogus-ly insert a phantom “husband” into the mix in order to compound the claimed violation? (another adult in the place would clearly violate the lease conditions; kids perhaps not.)
This woman definitely needs an attorney. But if our city council had passed a rule allowing any Burbank tenant the right to have a roommate of their own choice not subject to the permission or clearance of the landlord, and thus not on the lease in writing, this problem of hers might not exist. The daughter would be willed in no matter what.
New York City has had such a law on the books for years, and it is IMMENSELY successful. In this day and age Burbank should consider the same.
If you’re renting an apartment in New York State, you can generally take on roommates without having to add them to the lease or even get your landlord’s approval. This is thanks to the tenant-friendly Unlawful Restrictions on Occupancy Law, commonly known as the “Roommate Law.” What’s more is that the Roommate Law applies not just to relatives but to non-relatives such as a boyfriend or girlfriend.
The best advice on that Facebook page btw is to never do this by yourself. Most judges or commissioners will ignore the law and award the landlord, no matter how good your case is (unless the landlord’s conduct has been really egregious).
But they will not fuck with attorneys.