Taking in a roommate qualifies as a lease-flouting sublet

Question: I recently took in a roommate and was flabbergasted when I received a notice from my landlord that said I had “sublet” in violation of my lease. I always thought subletting occurred when a tenant moved out and turned the property over to a new tenant without notifying the landlord. I need the extra money to help pay the rent. What can I do?

Answer: As you have found, a sublet condition can be created whether or not the prime tenant occupies the property.

If your rental agreement contains a no-subletting clause, this means you cannot permit anyone else to move in without your landlord’s approval.

Discuss the matter immediately with the landlord since the notice you received, known as a three-day perform covenant or quit notice, is valid and needs to be addressed.

If the landlord agrees to allow the sublet, your new roommate should submit an application that details his or her employment, financial and housing history.

However, if the landlord won’t let you sublet, the roommate must move or you risk an eviction lawsuit.

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Women-only rental ad won’t fly

Question: I own a large home near a college campus. For extra income I want to rent out two bedrooms to students, preferably to women. A man who answered my bulletin board ad said that because I am renting out two rooms, I couldn’t restrict the applicants to female only. Is he correct?

Answer: Yes. According to the California Fair Employment and Housing Act, a homeowner is exempt from the fair housing laws when only one room is being rented; the owner lives onsite; there are no discriminatory notices, statements or advertisements; and the homeowner does not express a gender policy verbally or in writing. Therefore, advertising a preference for a certain gender is OK.

But because you plan on renting out two rooms and are posting an ad on a bulletin board, you cannot restrict the applicants to female only.

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A landlord must play fair with kids

Question: I own an apartment complex where there’s a large, park-like area between four buildings with a separate laundry room in the middle. I have posted rules prohibiting bicycles, skates, skateboards and balls in an effort to keep the complex quiet and livable.

Recently one of the tenants complained that the rules were too strict because they prohibit children from playing in the complex. This is true. When my managers see children playing, they ask them to be quiet and to go to the city park down the street.

My tenant suggested that this might violate fair housing laws. I don’t want to discriminate against families with children but I do want a quiet complex. What can I do?

Answer: Your rules and the way your managers implement them may indeed violate fair housing laws. When people live in close quarters, some level of noise must be expected.

If your rules prohibit most activities that children would engage in, the rules might be overly restrictive and discriminatory under the law.

You may want to examine whether the rules are truly necessary for health and safety. But prohibiting any noise at all, even the regular noise children might make in normal play during daytime hours, may be so restrictive that it discourages families from living there. Additionally, your managers should stop directing the children to go down the street; you could be liable if something happens.

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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, Calif. 94087. 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.