I have been subletting without the landlord’s approval for a couple of months and now that the lease is coming to an end, I want to stay in the apartment. However, my subleaser is moving away and can no longer pay with checks bearing their name (I pay them directly and they pay the landlord). Can I ask to be added to the lease before it expires at the end of december and on what grounds can they refuse that I join the lease. Oh and I live in California, so it would be great if you could tell me what those laws are as opposed to New York’s real estate laws for example. Thanks a bunch!
I just wanted to say that I have taken care of the apartment, paid rent in a timely manner, and have no credit or criminal problems. Just a college student trying to get by.
evileye322 said:
Feb 01, 09 at 2:03 amyes you can be denied addition to the lease or a new lease. you never went through THEIR screening process and background check like the person you are subleasing from did. so they have no obligation to you. and you also said you were subletting without their approval, so if they never approved technically they could have you evicted.
but talk to them anyways. if they are reasonably i dont see why they would complain.
Othniel said:
Feb 01, 09 at 3:03 amLook up the Landlord Tenant Act for CA and that will explain a lot of things as far as the law is concerned.
Ask the landlord if you can fill out an application to lease the apartment? If you have been a good tenant then the chances that he will want you to continue the lease are pretty good.
After all it is important to a landlord to have tenants who pay on time, take care of the property and do not cause problems. Any landlord will welcome a tenant with these characteristics.
GARY said:
Feb 02, 09 at 8:24 amAlthough what you were doing was/is illegal Subletting is a violation
of the lease.You can just talk to the Landlord and sign a new lease
as long as you and the landlord can agree on rent and other terms and conditions
kemperk said:
Feb 04, 09 at 5:59 amcan’t tell; do you want to be a sole leasee where you are or
part of others in a single unit?
A LL can bar anyone if their credit is poor, criminal record, etc.
estielmo said:
Feb 04, 09 at 7:22 amThe landlord can indeed turn you down. And I would. You were illegally occupying the apartment. I assume you are trying to sidestep rent control exceptions and the probable increase in rent?
schwildcat1977 said:
Feb 05, 09 at 8:25 amThey can refuse to let you join the lease on the grounds that you are breaking the law!! If you ask to be on the lease, the landlord will now know who you are a pursue legal charges.
As an illegal subleter - you have no rights.
Move out and get a legal lease before you get sued.
Classy_Granny said:
Feb 06, 09 at 11:30 amIf the landlord does not know you are there, you are there illegally. You can ask to sign your own lease, but the landlord can refuse for any reason he wants to. I am a landlord
Landlord said:
Feb 06, 09 at 2:51 pmIn CA, where I am a landlord, you can not sublease without the landlords approval anyway. If the landlord does not know you are there you are there illegally.
There are no laws (anywhere) forcing the landlord to make a contract with you. Nothing to make them sign a lease against their will.
But, they will likely rent to you. If you qualify and play the innocent about not knowing that you needed to get an OK from him before you moved in they are likely to let you stay. I would anyway, you paid rent, kept the place up and are not a criminal. I would rather you stayed then to have to find a tenant.
Loving_Wife said:
Feb 06, 09 at 11:39 pmAs long as you meet there qualifying criteria it should not be a problem. Most places do charge an administrative fee and an application fee.