Make Sure All Occupants' Names are on Lease

Make Sure All Occupants' Names are on Lease

Robert S. Griswold | Steven R. Kellman | Ted Smith
04-July-1999 Sunday

This column on issues confronting renters and landlords is written by Counselor of Real Estate and Certified Property Manager Robert Griswold, host of Real Estate Today! with Robert Griswold (10 a.m. Saturdays on AM1130 - KSDO radio, or on the Internet at www.retodayradio.com), and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

Q: My married friend has leased an apartment for six months. Three months
into the rental, her husband (whose name does not appear on the lease) has
taken every piece of furniture out of her apartment and left her with one
sofa!

Now he has disappeared.

My friend wants to get out of the lease, and move home with her mom and
sort through this nightmare. She has filed a police report against her
soon-to-be ex, naming him as the thief -- although she has no proof.

Fearing he might do something rash, she had called the leasing office the
day he emptied the apartment and asked them to check that everything was
OK. They refused, stating they "didn't want to get involved."

When she came home from work, after having an "inkling" that something like this would happen, her apartment was empty. Can she write a letter
describing the events and break her lease? She would have to sleep on the
floor or sofa if she stayed. What can she do to get out of this?

Eventually, she'll want to rent another apartment, so she doesn't want to
ruin her record. Any suggestions?

A: Griswold: The last thing your friend needs now is to hear more bad news, but I am afraid that she is out of luck unless the landlord will allow her to break the lease.

However, if she were to give notice and leave, the landlord is legally
required to make an effort to re-rent the unit as soon as possible. Your
friend would be responsible for all rent until the unit is rented, plus
reasonable costs of advertising the rental unit.

Clear and open communication with the owner or manager is essential.

If there are no vacancies in her apartment complex, then moving out may be
the best option. If there are several vacancies, she should figure out how
to stay or offer a lump-sum payment to get the landlord to break the lease
(assuming the landlord will not show any mercy -- which they are under no
legal obligation to do).

Sorry about your friend's situation, but this is vivid proof of the
importance of getting everyone (husband or not!) over the age of 18 who may ever stay in the rental unit as a party to the lease.

Q: Five months remain on our lease. We knew the property would be placed on the market for sale sometime, but we were not prepared for the challenges we have encountered.

The real estate agent is quite aggressive, in fact to the point of bringing
prospective clients onto the property before we had even unpacked our boxes when we first moved in.

Since the first of the month he has made attempts at appointments to show
the property three times in the last three business days. We all think this
is excessive and an abuse of our rights under California Civil Code Section
1954. He now tells us that it would be easier for all if he installed a
lockbox on our back door. If we consent to a lockbox, are we able to ask
for a rent reduction? What are our rights?

A: Griswold: You are definitely entitled to proper notice per California
Civil Code Section 1954. This requires that you be given 24 hours advance
notice and that entry only occurs during reasonable business hours
(primarily 9 a.m. to 6 p.m. Monday-Friday and possibly Saturday, which is a gray area) for a reasonable length of time. These opportunities should not
include "open house" or other mass-market sales efforts.

There is also a point at which even properly noticed entries would be
perceived as excessive and trigger your rights to refuse further entries or
agree to a monetary reduction in your rent. The idea of a lockbox may make
sense for you. However, the loss of privacy should be a major concern, and
thus I would suggest that first you require a rent reduction.

Generally the rent reduction will depend on your rental rate and whether
you have a lease or a month-to-month agreement, but a ballpark range for a
rent reduction would be at least $100 to $200 per month or 10 to 20 percent or your monthly rent.

You might also want to take the time and effort to videotape your unit and
possessions in the event that there is a problem with damaged or missing
items.

IF YOU'RE A TENANT OR LANDLORD, the authors stand ready to answer your questions in this column, although letters cannot be answered individually. Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 120191, San Diego, CA, 92112-0191. Or you may e-mail them at rgriswold.sdut@retodayradio.com

Copyright Union-Tribune Publishing Co.

Back to 1999 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

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Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com