Subtenant Not Responsible to Owner
QUESTION: I am a tenant who rents a second bedroom to another person (with the landlady’s permission). I am fully responsible for the apartment and have a signed written agreement with my landlady. To make things easier for me, I asked my subtenant to write his rent check directly to the landlady instead of paying me.
Recently, we have not been getting along, and I want him to move. He says that since he pays rent directly to the landlady, only she can evict him. My landlady does not want to get involved. What can I do?
ANSWER: Your options depend on the type of relationship you have with your subtenant and your landlady. If both of you are responsible to the landlady for the rent and the condition of the apartment, then you have become co-tenants. Co-tenants have equal rights and responsibilities, and one co-tenant cannot evict the other.
However, you indicated that you are fully responsible for the apartment and that only your name is on the rental contract. If your landlady follows this arrangement and holds you solely responsible for the rent, then the method of payment alone does not change the original relationship you established with your roommate. He is still your subtenant and you can give him a 30-day notice of termination of tenancy.
Although you did not indicate the nature of your problem with your roommate, it may be better to see if a compromise can be worked out. You can contact your local mediation service for assistance.
In the future, keep in mind that by having your subtenant write a check directly to the landlady, you may be setting yourself up for unnecessary problems. What happens if your subtenant is late with his check or it bounces?
As the sole tenant listed in the rental agreement, you can be held responsible for late charges and fees.
For a little convenience, you may be getting more trouble than it’s worth.
Remember, you are always responsible for the full rent to your landlady, even if your subtenant’s rent is late or goes unpaid.
Co-Tenants Share Rights Under Lease
Q: My roommate and I are not getting along. He is very messy, and I want him to move, but we both are on the rental agreement. However, since he pays his rent to me and I pay our landlord, I feel I’m his landlord and can give him a notice to move. He says this is not true. What do you think?
A: Your roommate is correct. Because both of your names are on the rental agreement, the two of you are co-tenants, and you both have equal rights and responsibilities as tenants.
For example, one co-tenant cannot end the tenancy of the other. This can be done only by a property owner or agent. The method of rent payment does not determine tenancy status or provide leverage for one tenant over the other.
If you would prefer to have full control of your roommate’s tenancy, and the property owner agrees, you would need to have a separate rental agreement between you and your roommate; this is called a sublease. In that case, you would act as the landlord and could serve a termination notice. Perhaps you should contact your local housing mediation program for assistance in resolving your differences.
Not a Bad Idea to ‘Help’ Moving Tenant
Q: As one of my tenants was moving out, he asked me to return his security deposit immediately. State law gives me three weeks to return it, so I was in no hurry. When I told him so, he got upset. What do you think?
A: California Civil Code Section 1950.5 states that a refund and/or a full accounting of deductions must be given within 21 days, which means that a landlord who holds a deposit for more than three weeks is in violation of state law. However, you may return it sooner, if you want to be helpful to your former tenants.
As in any business, customer satisfaction is important. An old Romanian proverb says, “Watch the last impression; it lasts forever.” When moving out, most tenants have increased expenses: cost of moving, transfer of utilities, new rent, new security deposit, etc. Helping them out by returning the refund as soon as possible would be a thoughtful gesture.
If you can immediately assess the condition of the unit, there is no need to wait 21 days. Remember that your tenants did not have the use of their money during their tenancy and that, unless your property is in a city with a special ordinance, you probably kept any earned interest. You should make sure that you inspect the property carefully to avoid later discoveries.
However, if you think that damages caused by the tenants require serious repairs and that you need to obtain several bids, the three-week period should give you enough time to have an itemization of real costs, or estimated costs, within the legal period.
Tenants Need Savings to Cover Quick Moves
Q: I was surprised and shocked to receive a 30-day notice of termination of tenancy from the owner of my duplex. I asked her why, and she said she doesn’t have to give a reason. I consulted “Tenants’ Rights” (Nolo Press, 1997) in the library and found out that she’s correct; no reason is required.
Nevertheless, I am in a jam. Rentals are hard to come by in this area and, if anything is available, the owner requires the first month’s rent and a hefty security deposit. I am a single woman and don’t have the money to move. What can I do?
A: Your best approach is to talk with the owner to see if she will cancel the notice or at least give you more time to find another home. If she refuses and you are short of money, perhaps the best idea is to try to rent a room for the short term or, if possible, to stay temporarily with family or friends.
But your predicament brings up an important point. Renters should prepare themselves for the possible receipt of a 30-day termination notice. As you discovered, you can receive such a notice at any time and for no reason, unless a reason is required by a local ordinance.
Because of this, tenants should try to set aside and save at least one month’s rent plus a deposit, which legally can be twice the monthly rent for an unfurnished unit or three times for furnished.
Pay Now, Sign Later, Future Landlord Says
Q: I’m confused. My future landlord wants me to pay the first month’s rent and a security deposit three days before I sign my new rental agreement. He wants to cash my check early to make sure it is good. Since I’m paying him this large amount of money, shouldn’t I be able to sign the rental agreement the same day to guarantee my tenancy?
A: Tenancies are secured when rental agreements are signed and appropriate money transfers are made. If you meet the landlord’s tenancy and credit history and current income criteria, it makes sense that you be allowed to sign the rental agreement at the same time.
Generally, once an applicant is approved, the rental process is quite simple: The agreement is signed, money is paid and a move-in-date is established. If you really want to finalize this tenancy, you may offer to pay in cash or certified funds and sign the rental agreement then and there. Be sure to get a receipt.
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Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but they cannot be answered individually.
For questions, complaints or help related to housing discrimination, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council:
Westside Los Angeles, call (310) 477-9260. San Fernando Valley, call (818) 373-1185. Pasadena, call (818) 791-0211. El Monte, call (818) 579-6868. Orange County, call (714) 569-0828. San Bernardino County, call (909) 884-8056. San Diego County, call (619) 699-5888. Ventura County, call the Fair Housing Institute, (805) 385-7288.
