Wasn’t this relationship over? The ex-landlord says, ‘No’
Question: Several months ago, we had to break our lease because my husband was transferred to a new job. We worked very closely with the landlords and were able to locate several prospective tenants. The landlords made their choice, and a new lease was signed with the new tenants. We’ve received a letter from our former landlords stating that the new tenants changed their mind and are not moving into the house. The landlords say our lease is now reactivated, and we must continue paying the rent. Do we still have to pay the rent?
Answer: It depends on how the new tenancy was created.
If the property owners created a sub-tenancy for the new tenants under your existing lease, then you may still be liable for the rent. In this case, you would have had to sign an addendum to your lease to authorize the sub-tenancy or assignment of your lease.
If this didn’t happen, then your original lease was canceled and your obligation for rent ended when the landlord and the new tenants signed the new lease.
The landlord would have to pursue the rent from the new tenants.
Kids’ play area closes at 4 p.m.
Question: The new owners of my apartment have sent a notice limiting the hours the children’s play area will be open. The notice says children are not allowed in the play area after 4 p.m. and must be quiet after that time. There are a lot of children in this complex, and one of the attractions has been the play area for after-school and early-evening recreation. Is it legal to close the play area at 4 p.m.?
Answer: No. It is quite legal to have reasonable noise rules, such as “no loud noises after 10 p.m.” It is not OK to expect children to be completely quiet or not to play after school or during the late afternoon on weekends.
People must allow for the reasonable amounts of noise that children, as well as adults, make. Walls may be thin, windows may be open, and all of this can mean an apartment area can be loud at times.
Restricting the time allowed for play in the children’s area in this manner is unreasonable. Closing the play area at 4 p.m. is likely a violation of fair housing laws. It unreasonably restricts children’s activities in a way that has a negative impact on families.
Under the law, it is discriminatory to treat families with children less favorably than households without children. If you’d like more information about “familial status” discrimination, or other aspects of fair housing laws, contact your local fair housing agency.
Move-out date can stretch a bit
Question: My landlord handed me a 60-day notice to move. I plan to move as requested, but the last day of the notice falls on a Saturday.
It would be very helpful to me if I could move on Sunday, but my landlord said the law requires him to enforce the Saturday move-out date.
Is this true?
Answer: No. In fact, just the opposite is true.
The standard procedure for determining when a termination notice expires is to begin counting the total number of days (either 30 or 60) starting with the day after the notice was served. If the last day of a notice to terminate falls on a Saturday, Sunday or holiday, a tenant has until the end of the next business day to vacate.
The same applies to a 3-Day Pay Rent or Quit Notice. If the third day falls on a Saturday, Sunday or holiday, a tenant has until the next business day to pay the rent or move. So, in your case, you can wait until the first business day after the Saturday to move. Discuss this with your landlord.
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 Southern California Housing Rights Center at (800) 477-5977.
