When Tenants Spring a Sublet

Question: I recently rented a house to three young professionals; all three are on the rental agreement. Last week I got a call from a person I didn’t know who reported a plumbing problem. I called one of the tenants on the rental agreement and asked what was going on. “Oh, we’ve sublet. Anything wrong with that?” he said.

I said that their agreement prohibits subletting and I’d get back to them. I’m somewhat upset. What can I do?

Answer: If your rental agreement does state that subletting is prohibited, and if you feel strongly that your tenants should not have sublet, you can give your tenants a Three-Day Notice to Perform Covenant or Quit. This notice, which must include specific legal language, instructs them that they have violated a condition of the rental agreement and they must correct the violation, in your case by removing the unauthorized guest, or move out. However, from a practical point of view, understanding that it is very difficult to find housing and move within three days, you may decide to give more time for them to comply with the agreement.

On the other hand, you may want to allow your tenants to sublet, assuming that you find nothing objectionable about the subtenant(s). You can then leave things as they are or put the subtenants on the rental agreement. In that case, they become your tenants, and are directly responsible to you for the rent. If you do decide to add them to the agreement, you should check their credit and ask them to complete an application form, as you would with any tenant.

Finally, if your property is in a city with a rent-control ordinance, the rules relating to subletting may be different. Check with the city agency responsible for administration of the ordinance for clarification.

Landlords Have Legal Right to Enter Unit

Q: My landlord told me yesterday that he is going to enter my apartment tomorrow to replace the heater. The problem is that I have to be at work during the time he will be there, and I do not want anyone in my home without me. What can I do?

A: Whenever you have a problem with a landlord (or tenant, if you are a landlord), you should first consider approaching that person to try to resolve it. If you explain your concerns to him, he may very well be willing to accommodate you, or he may succeed in convincing you that you have nothing to worry about, and that he will conduct himself in a professional manner and safeguard your privacy, safety and the security of your belongings.

However, be aware that your landlord does not need to accommodate your request that you be present while he replaces the heater. All that is required is that it be a necessary repair, the work be done during normal business hours, and that you be given reasonable notice (typically 24 hours) of his intent to enter. You, of course, have a right to be present when anybody is in your home, but it is ultimately your responsibility to arrange to be there.

In this situation, given that a working heater is required in a rental unit, it appears that the repair is being done during normal business hours, and you seem to have been given reasonable notice of the intent to enter, the owner has a right to make the repair.

That does not give him the right to use your restroom, peek in your closet or use your phone while he is there, things that no professional would ever do. However, most landlords realize that their rental investment is the tenant’s home and are understanding of the desire to be present when people enter, even when the entry makes perfect business sense from a landlord’s perspective.

It would not be surprising if, in your conversation with the landlord, he agrees to reschedule the repair for a time that you can be present. It would be good customer relations for him to do so.

Give Ample Notice of Change in Terms

Q: I just purchased an apartment complex. The current tenants pay their rent on the 15th of each month, but I want them to start paying on the first of each month. What do I have to do to make this change without too much confusion?

A: Whenever a change is made to a month-to-month or periodic rental agreement, the change must be in writing and your tenants must be informed at least 30 days in advance of the effective date. (A lease, on the other hand, cannot be altered unilaterally.) Changing the rent due date will require you to give your tenants a Notice of Change of Terms of Tenancy, detailing the new due date. To reduce confusion, on the 15th of the effective month, your tenants could pay one-half the rent due and on the first, they could pay a full month’s rent, which will establish the new payment date as the first from then on. Since some of your tenants may encounter financial difficulties if you require them to pay 1 1/2 months’ rent all at once, you may want to give at least a 60-day advance notice of this change.

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, 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: (888) 777-4087.

Carson: (888) 777-4087.

El Monte: (626) 579-6868.

Hawthorne: (888) 777-4087.

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.

San Bernardino County: (909) 884-8056.

San Diego County: (619) 699-5888.

Ventura County: (805) 385-7288.