Hello, My dad, my 2 grown brothers and me (disabled) rented a 5 bedroom home in 2010 in the San Francisco bayarea but only my dad signed the lease. The owners knew it was 4 of us at the time and I have emails from 2010 when the house was listed on craigslist and I told them that my family wanted to look at the house and they were fine with it. They listed the house back in September for sale and now they are saying my dad violated the lease because we are here. Does it sound like my family have any legal ground to stand on?
First, as you indicate that you live in the Bay Area, you need to determine if the area in which you live has rent control. From the reason given for attempting to terminate your lease, I suspect that you do live in a rent control jurisdiction. Rent control prohibits a landlord from evicting a tenant except under pretty limited circumstances. Rent control ordinances vary greatly by location, so you want to talk to the local housing authority to see if you are covered or not.
Second, you may have a case, though it would have (obviously) been much better to have the lease actually document that your father and family were going to live in the property. Because of the potential that you have rent control, I suggest strongly that you contact a local tenant's rights attorney in the bay area. There are many - but just be sure it is someone who represents tenants. Discuss all of the facts with them, and provide them with the documentation. I suspect that the homeowner is using this tactic to get rid of you because they cannot sell the home with a tenant in place, OR they have a buyer who wants you out before they close escrow. Either way, you may have a case to avoid termination of your lease, but you need to contact a local tenant's rights attorney with knowledge of your specific jurisdiction.
David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiagibbslaw.com
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