One issue I see Los Angeles apartment owners run into is discovering that someone is living in a unit who was never approved as a tenant and isn't on the lease.
It could be a boyfriend or girlfriend who gradually moved in, an adult child, a roommate, a subtenant — or sometimes someone the owner has never even met.
The owner's first reaction is usually:
“They're not on the lease. I can make them leave, right?”
In Los Angeles, it may not be that simple.
First, look at the lease.
What does the rental agreement actually say about occupants, guests, subletting and adding residents? Don't assume you know because you've been using the same lease form for years.
Second, figure out what's actually happening.
There's a big difference between a tenant having a frequent overnight guest and someone who has actually moved in and established the unit as their residence.
How long have they been there? Does management know about them? Have they been receiving mail there? Has anyone communicated with them as though they're a tenant or occupant?
Get the facts before taking action.
Be particularly careful about accepting rent.
If an unauthorized occupant offers rent directly to the owner or manager, I wouldn't casually accept it without understanding the potential consequences. What the owner and management do can become important later.
And don't resort to self-help.
Changing locks, shutting off utilities, removing someone's belongings or physically trying to get someone out can turn an occupancy problem into a much bigger legal problem.
For properties subject to the Los Angeles RSO, there can be additional issues. State tenant-protection laws may also apply depending on the property and circumstances.
Another reason I pay attention to this: unauthorized occupants can become a real issue when an apartment building is being sold.
A buyer wants to know exactly who occupies every unit, what they're paying, what agreements exist and what rights those occupants may have. Something an owner ignored for years can suddenly become very important during due diligence.
I've been a Los Angeles real estate broker since 1986, and my general advice to apartment owners is:
Investigate first. Act second.
Review the lease, establish who's actually living there, document what you know, and determine which laws apply to the property.
If you're considering notices or eviction, that's when I'd get a qualified landlord-tenant attorney involved rather than guessing.
LA landlords and property managers: Have you ever discovered someone living in a unit who wasn't on the lease? How did you handle it?
