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  1. #1
    Join Date
    Jul 2010
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    Default Landlord Won't Permit Subleasing

    My question involves landlord-tenant law in the State of: CA

    The residential manager of my complex says that it is the owner's policy to not sublease. But the the lease say:

    Resident shall not sublease any part of the premises or assign this agreement without the prior written consent of owner, Any such action, without prior written consent, is void.

    Is this misrepresentation, if their policy is not to sublease at all. I don't even get a change to get consent from the owner.

  2. #2
    Join Date
    Mar 2008
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    1,995

    Default Re: Misrepresentation

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    My question involves landlord-tenant law in the State of: CA

    The residential manager of my complex says that it is the owner's policy to not sublease. But the the lease say:

    Resident shall not sublease any part of the premises or assign this agreement without the prior written consent of owner, Any such action, without prior written consent, is void.

    Is this misrepresentation, if their policy is not to sublease at all. I don't even get a change to get consent from the owner.
    Not at all misrepresentation.

    What you cited is the standard bollerplate statement in the lease, and because you need the owner's permission to sublease, the manager is telling you "YOU WILL NOT GET THE OWNER'S PERMISSION TO SUBLEASE", and as such is fully in accordance with the laws, and in accordance to the owner's wishes as represented by the manager.

    Don't try to get frustrated playing "lawyer". For instance, I told my 10 year olds friend next store that my daughter needs my specific permission to go out and play after 7:00PM. In fact, she is not allowed to go out after 7:00PM, because she has to do homework.

    Her little friend apparently tried to play lawyer and said I'm lying when my little girl was not allowed out one day claiming that I only said she cannot go without permission, and "how dare I not give permission".

    So are you saying "how dare the owner NOT give permission".

    The other way of handling it is what I saw in a commercial lease I got, it says "subleasing absolutely prohibited". I aksed my lawyer why they don't have the standard phraseology of "subleasing is only allowed with the owner's permission".

    My lawyer explained the "subleasing absolutely prohibited in the lease" does not mean that, it only means you need an amendment to the lease to sublease, which a landlord would happily provide to you if you fork over a $200.00 fee, or more, which at times entails him to have his lawyer draft it, a five minute job (billed at $125.00) and send it over to you on a lawyer's letterhead.

    So if you prefer to pay fees if such a need ever comes up in an emergency, help subsidize a local lawyer, buy your landlord a nice dinner, I don't think that's a problem either. BTW, assignment fees for leases I heard run up to $1,000.00 in cases where the landlord insists on doing an assignment before someone else can move in.

    And as an actual example, I actually had a tenant play lawyer with me, on allowing visitors. I have written in my lease that visitors are not allowed to stay over two week without my written authorization.

    He took that to mean that I am banning visitors, and he want me to write in instead "visitors are allowed with the owners written permission" because the way I wrote it, I can later lie and deny permission. I explained the clause is there because I don't want friends visiting and staying 6 months to a year, and have keys to the place. The way I have it, I won't bother him if visitors stay over for "up to two weeks".

    Well, he insisted he was right.

    So, according to the way he had me write the lease, everytime someone comes and stays overnight, he had to get my "written permission" because that is the way he insisted on doing it "playing lawyer" with me. I enjoyed enforcing it to make my point, and It got to wear on him after a while, and I finally explained to him, next time, don't try to "play lawyer with me" if you are not a lawyer.

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