Question: I have rented a three-bedroom unit for two years. About eight months ago, I lost my job and could no longer pay my rent. Rather than be evicted, I found a roommate who now pays half the monthly rent.
From the beginning, my roommate has written a separate check for his half of the monthly rent and I write my own check for the other half. I give both checks to the rental office, which is the place designated for payment in my rental agreement.
When I took the two checks to the office last week, the new resident manager told me she would not accept the checks. She said I was in violation of my rental agreement. She showed me a copy of the agreement, which does prohibit subletting without management's written permission. Is there anything I can do?
Answer: A landlord has the right to prohibit subletting or require advance written consent. If the management wants to enforce this clause, you could be given a three-day notice to remove your roommate or face an unlawful detainer action for eviction.
You have one potential defense to the assertion that you are in violation of the rental agreement. If you can show that the community's management allowed the roommate to occupy your unit and did not take timely action to require the roommate to vacate, you can assert that management's inaction constituted a waiver of its right to enforce the clause prohibiting sublets. Knowingly accepting a rent check from your roommate over a period of months is strong evidence of waiver.
Even if you have a strong defense, fighting an unlawful detainer can be costly in terms of time and money. If the court rejects the defense, you will have an eviction on your record, which will seriously limit your ability to rent in the future.
As an alternative, you could contact your local mediation program to see whether a resolution can be reached. For example, you and your roommate could reach an agreement to add the roommate to the rental agreement or you could negotiate an agreement allowing you or the roommate a reasonable time to vacate.
Eichner is director of Housing Counseling Programs for Project Sentinel, a Sunnyvale, Calif., mediation service. To submit a question, go to http://www.housing.org.
From the beginning, my roommate has written a separate check for his half of the monthly rent and I write my own check for the other half. I give both checks to the rental office, which is the place designated for payment in my rental agreement.
When I took the two checks to the office last week, the new resident manager told me she would not accept the checks. She said I was in violation of my rental agreement. She showed me a copy of the agreement, which does prohibit subletting without management's written permission. Is there anything I can do?
Answer: A landlord has the right to prohibit subletting or require advance written consent. If the management wants to enforce this clause, you could be given a three-day notice to remove your roommate or face an unlawful detainer action for eviction.
You have one potential defense to the assertion that you are in violation of the rental agreement. If you can show that the community's management allowed the roommate to occupy your unit and did not take timely action to require the roommate to vacate, you can assert that management's inaction constituted a waiver of its right to enforce the clause prohibiting sublets. Knowingly accepting a rent check from your roommate over a period of months is strong evidence of waiver.
Even if you have a strong defense, fighting an unlawful detainer can be costly in terms of time and money. If the court rejects the defense, you will have an eviction on your record, which will seriously limit your ability to rent in the future.
As an alternative, you could contact your local mediation program to see whether a resolution can be reached. For example, you and your roommate could reach an agreement to add the roommate to the rental agreement or you could negotiate an agreement allowing you or the roommate a reasonable time to vacate.
Eichner is director of Housing Counseling Programs for Project Sentinel, a Sunnyvale, Calif., mediation service. To submit a question, go to http://www.housing.org.