If Rent Checks Are Accepted, You’re a Renter
QUESTION: In August I moved into an apartment in West Hollywood with a renter who already had occupied the unit for five years.
The landlord would not add my name to the lease because he didn’t want to “inherit another renter.”
The landlord accepts my rent checks each month, and I always pay the rent on the first of the month. I believe that I am entitled to all rights of a tenant since each month the landlord accepts rent checks made out to him from me.
My question is, if my roommate moved out would I be able to stay on as a renter?
ANSWER: It would be extremely difficult for this owner to prove that you are not a renter. He, willing or otherwise, very likely will “inherit” you as a renter if your roommate moves out.
According to Craig Mordoh, senior attorney with the California Apartment Law Information Foundation, “Although there is no state or local legislation on the subject, there is a Court of Appeal case dealing with a similar situation in West Hollywood. The case of Getz vs. City of West Hollywood held that a tenancy can be created by the knowing acceptance of rent.”
Under the case, the new tenant also is entitled to all of the protections of the West Hollywood rent control law, as are tenants in other rent-controlled jurisdictions in the state.
Even in a city without rent control, knowing acceptance of rent may create a tenancy.
Seller Should Disclose Tenants’ Unpaid Rents
Q: I had my house up for sale for quite some time while renting it out to a family. Recently, I signed a purchase agreement with a buyer to take over the house by Dec. 29.
The new owner indicated that he would like to keep renting the house out to the existing renters.
The problem is that over the past few months they have fallen behind on the rent. Since the house was on the market, the chances of finding new renters were slim. Therefore, instead of trying to evict them, I have been trying to collect the rents by phone calls and letters.
Now that the house will most likely sell, I need to know the best way to collect the rent without jeopardizing the sale. Please help.
A: I am assuming that you have not yet informed the buyer of the delinquent rents. You or your realtor, if you have one, should do so immediately.
You are failing to disclose a material fact about this sale, and therefore, at a minimum, could be liable to the new buyer for these unpaid rents.
Also, the buyer may be able to cancel the sale because of this non-disclosure.
As for collecting rents, there is no easy way to do this, which you seem to be seeking. You should file a three-day pay or quit notice immediately. If the renters don’t pay up or move by the expiration or the term of the notice, you should seek competent legal assistance in order to commence with an eviction action.
