Rental Basics in Oakland>Question Details

Francesca, Other/Just Looking in Oakland, CA

I leased my house to two tenants when I was relocated for work. They allowed a third tenant (not on the lease) to move in. I have to evict them

Asked by Francesca, Oakland, CA Thu Feb 25, 2010

due to non-payment of rent (ugh) but the third person living there says she cannot be evicted (!!!) since she is not on the lease and wants to stay. She would like to sign a new lease. I am not obligated to do so in any way am I?

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Dear Francesca,

You didn't say where the home is located. Oakland and Berkeley have strict rent control guidelines and have even stricter agencies who oversee these regulations. It is not prudent for you to take this matter on yourself. I recommend you immediately contact an attorney specializing in rent control and eviction. You may want to contact a local Bar Association or Landlord association to get recommendations for attorneys specializing in your problem. Here is one resource:

360 22nd Street, Suite 240
Oakland, CA 94612
(510) 893-9873 x 111

Good luck,

Linda Van Drent
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2 votes Thank Flag Link Thu Feb 25, 2010
HI Francesca,
I agree with Gina. Contact the rent board in Oakland and ask them for help, which will be free of course. Also, be sure to consult with an attorney, as the City may give you incorrect info.. They are a good source for basic info, but an attorney based in Oakland who knows Measure EE "Just cause eviction" and all aspects of the local ordinances is what you really need. It is well worth whatever a consult fee will be. Tenants rights issues are crucial to handle correctl. I've dealt with several potentially sticky situations with buyers and sellers regarding tenants in the property being sold, and I can't overemphasize the importance of following the "letter of the law". Best wishes
1 vote Thank Flag Link Thu Feb 25, 2010
First thing you need to do is call an Attorney. So he/she can give you the details. But whether or not they have a lease, if someone is living in your property unlawfully you can evict them.

I know an excellent real estate attorney, his name is John Gardener is phone number is (925) 944-6080. Tell him Gilbert referred you. The good thing about John is that he is free as far as the initial consultation and is very upfront in giving all the options available, with or without an attorney.
0 votes Thank Flag Link Tue Mar 2, 2010
This is a legal question. You should talk to an attorney in the state where your property is located.
When we find tenants for landlords we get an application, check credit and eviction reports, check landlord references for current landlord and previous landlord and check job reference.If you do not have time to be an absentee owner get a good management company . It will be worth it.
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0 votes Thank Flag Link Sun Feb 28, 2010
Although it is a great question and I am sure my collegues are trying to help you....this really is a legal answer and as realtors we should not give you legal advice. The best thing to do is contact the Oakland Rent Control Board and/or a real estate attorney to find out your rights and procedures on how to move forward. As you must know, Oakland is under strict rent control and although you may have perfectly good reasons for eviction, you will need to do everything by the book. Please take my advice and contact a real estae attorney that deals specifically with tenant/landlord rights. The money you spend may be the best money ever spent. (Also, many tmes they will give you a free consultation in hopes of getting possible work) If you need a good real estate attorney I can provide you with the name and contact info. Please feel free to contact me. Good Luck! Rose
0 votes Thank Flag Link Sun Feb 28, 2010
Any person who claims possession (tenancy) of the premises may be evicted for non-payment of rent. The fact that she is not named in the lease does not change that. There are some minor procedural things that must be done in the eviction action to address her status, but the end result will be her eviction from the premises.

It is not materiall whether the premises are in Berkeley, Oakland, or any other eviction controlled city or not. All cities with eviction control have, as a just cause grounds for eviction, non-payment of rent. Such cities may have certain notice and other service requirements, but those procedural issues can and should be dealt with by an attorney.

Now, you can choose to rent directly to this third person if you wish, but you may condition your agreement upon the signing of a new lease, payment of any unpaid rent, and approval of a credit check. However, you are not forced to do so

Jeffery P. Woo, Esq.
Sedgwick, Detert, Moran & Arnold LLP
Complex Rental Property Group
0 votes Thank Flag Link Thu Feb 25, 2010
Francesca sounds like you have a big pain in the you know what, Glenda is spot on get proffesional help don't do it your self. Sometimes you can have a property management company handle the problem for you for a fee or you can get a recommendation for an lawyer who specializes in handling that kind of problem

Good luck and let us know how it works out.

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0 votes Thank Flag Link Thu Feb 25, 2010
That person is trespassing.
It's your call, but I'd call the cops if you want her out. She has no legal right to be there.
0 votes Thank Flag Link Thu Feb 25, 2010
Keith Sorem, Real Estate Pro in Glendale, CA
Protect yourself and consult with an attorney specializing in real estate--he/she will best guide you--most professionals do offer a free consultation.
0 votes Thank Flag Link Thu Feb 25, 2010
Your best bet is to contact a lawyer. Tenant rights are hefty in the East Bay and often times they have more rights than the homeowner. Make sure you follow ALL the rules and do things by the book. A website that might help is:…
0 votes Thank Flag Link Thu Feb 25, 2010
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