Landlord Believes 'No Sublet' Clause Also Means 'No Roommates'

L.A. Times Archives

Jan. 7, 2001 12 AM PT

From Project Sentinel

Question: My tenant has allowed several friends to move in with her. The rental agreement has a “no sublet” clause, and I don’t want the extra persons living there. What can I do?

Answer: Start by discussing the “no sublet” clause with your tenant. Explain that by allowing other individuals to live in her home, she is violating her lease and jeopardizing her own tenancy. Perhaps this will convince her to remove the sub-tenants.

If it does not, you may serve her a three-day notice to perform covenant or quit, which gives her three days to remove the individuals or be subject to eviction through the court process known as unlawful detainer.

An alternative to the court system may be to contact your local housing program for information on mediation.

Consideration Is Key When Selling Complex

Q: I’ve been a landlord for more than 30 years and I want to sell my apartment complex and move to the mountains. What obligations do I have to my tenants and potential buyers?

Also, my agent wants to use lockboxes. What do you think?

A: The sale of a rental property can create difficulties for all concerned if not handled thoughtfully. Keep in mind that you, the buyer, your real estate agent and your tenants have different interests, so be careful and considerate.

An important issue is preserving your tenants’ privacy while your property is for sale. You and any real estate agent involved are required to give at least a written 24-hours notice before entering the units. To ensure that interruptions are kept to a minimum, you, your agent and the tenants may want to schedule specific times each week for showing the property.

Lockboxes are convenient for your agent, but they can create a feeling of loss of privacy for your tenants. So, unless your tenants agree and you have their cooperation, it is preferable not to use them.

You might consider giving your tenants a rent reduction for any inconvenience they experience because of last-minute or unscheduled showings.

Another important issue concerns the rental status of your tenants. If they have leases, the new owner will have to honor the terms.

If the new owner wants the property to be vacant, you must give your month-to-month tenants at least 30 days’ written notice to move. If the tenants are to remain, make sure you provide the new owners with all necessary records, including copies of rental agreements and move-in checklists, if available.

Be sure to include an accounting of all security deposits received and documentation of any “last month’s rent” money paid. Also, inform your tenants that ownership has changed and provide them with the name and address of the new owner or agent.

Rent Increase Requires Notification by Owner

Q: Our lease ends next month and the owner has agreed to continue our tenancy on a month-to-month basis until my husband is transferred out of state. Can the owner raise our rent under these circumstances?

A: Yes, the owner may raise your rent, but there are procedures the owner must follow.

If you have a fixed-term lease, the owner may submit a new rental agreement that establishes a new rental amount to become effective the day after your lease expires. The new rental agreement must be signed by all parties in order for the new rate and other tenancy conditions to be effective.

If, however, your lease expires before you are given a new rental agreement and you have paid the next month’s rent, you become a month-to-month tenant, and the landlord must give you a 30-day notice of change of terms of tenancy to raise the rent. This means the new rent rate becomes effective 30 days from the date on the notice.

Tenants and landlords in rent-control areas should consult with local agencies to get more information regarding the applicable ordinances.

As of Jan. 1, a landlord who raises the rent more than 10% in a calendar year must give the tenant 60 days’ notice of the increase. For more information, contact your local housing agency.

Request Information From New Tenants

Q: I purchased a six-unit rental and have discovered the former owner has little or no personal and employment information for each tenant. I think this could be a problem for me in the future. Am I allowed to ask the current tenants to submit new applications containing this information?

A: Yes, you can give each tenant a new rental application to update your rental records. You can request they complete and return the applications within a reasonable period of time (30 days for example).

This would be a good time to give your tenants information on any general changes you wish to make to their tenancies, such as methods for paying rent and handling general questions and emergencies.

Remember, specific changes such as rent amount and due date can be made for your month-to-month tenants only with a 30-day change of terms notice. No changes can be made for any tenant with a lease. If more information is needed, contact your local housing program.

This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually.

For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council, Fair Housing Institute or Fair Housing Foundation office in your area:

Bellflower: (562) 901-0808.

Carson: (888) 777-4087.

El Monte: (626) 579-6868.

Hawthorne: (310) 474-1667.

Lancaster: (888) 777-4087

Long Beach: (562) 901-0808

Pasadena: (626) 791-0211.

Redondo Beach: (888) 777-4087

San Fernando Valley: (818) 373-1185.

South-Central Los Angeles: (213) 295-3302.

Westside Los Angeles: (310) 474-1667.

Orange County: (714) 569-0828.