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  1. #1
    Join Date
    Aug 2014
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    Los Angeles, California, United States
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    8

    Post Property Manager Demands Kickbacks to Approve Subleases

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

    The short form of my question is can a property manager (Not the owner, but a tenant who takes on the responsibilities) let other people sublet as long as they give her money under the table, and discriminate against someone else from subletting as well (if they haven't made arrangements to pay her off)? If you want more detail then read on.

    I live in a 4 unit condo complex owned by an older woman who from my experience is very nice and easygoing, but I do not deal with her directly. A lady has lived in the building off and on for 23 years we will call her Sally. Sally has appointed herself the property manager and takes her liberties because the owner doesn't want to have to manage things on a constant basis.

    Sally lets two of the tenants sublet out their units. One with a monthly tenant and the other via airbnb as a room rental. Sally takes a little under the table money from at least one of the tenants and gives her no issue. In regards to the other tenant, I've just heard them have a conversation about him renting on airbnb and she had zero issue with it. He explained what it was and she said interesting, but not for me.

    A few months later I decided I would give airbnb a whack and see how it worked out. I started renting my place and had been doing so for about 4 months with no issue. Then out of no where Sally texts me to tell me that I can't do it especially without her permission (break her off some money I assume). I explained that she gives the other tenants no issue so I had no idea why she was giving me any but that I would be happy to discuss it. I called her, and text her to set up a time to talk but she never responded to meet and chat. Typically she's always creeping around and ambushing me when I come home for no reason at all, but this time around I didn't see her at anytime for weeks.

    I had two people confirmed to stay so I did not cancel on them. When the next person came, I got a call saying I had broke my lease and if I did not apologize to her she would give me 30 days notice to move out. Thoughts?

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Subletting Discrimination- Property Manager

    Quote Quoting tfidylawson
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    Sally has appointed herself the property manager and takes her liberties because the owner doesn't want to have to manage things on a constant basis.
    Let's start with that. Sally is acting as the agent of the owner with the owner's consent. Consent means that the owner either expressly allows Sally to do what she does or simply doesn't object to it. However, because Sally is acting as agent for the owner, the owner is ultimately responsible for any of Sally's acts of wrongdoing. Unfortunately, until the owner is brought to account for breach of contract or breach of statutes, nothing changes.

    Quote Quoting tfidylawson
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    I had two people confirmed to stay so I did not cancel on them. When the next person came, I got a call saying I had broke my lease and if I did not apologize to her she would give me 30 days notice to move out. Thoughts?
    The title of your post uses the word "discrimination" so let's deal with that next. There are two types of discrimination: legal and illegal. Illegal discrimination is addressed by fair housing laws and involves discrimination based on race, religion, sex, family composition (children vs no children). Legal discrimination involves a landlord or property manager favoring one tenant over another because he or she likes the one and doesn't like the other unless that behavior is a breach of the lease or the statute and you haven't provided any information about what your lease says about subletting.

  3. #3
    Join Date
    Aug 2014
    Location
    Los Angeles, California, United States
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    8

    Default Re: Subletting Discrimination- Property Manager



    The title of your post uses the word "discrimination" so let's deal with that next. There are two types of discrimination: legal and illegal. Illegal discrimination is addressed by fair housing laws and involves discrimination based on race, religion, sex, family composition (children vs no children). Legal discrimination involves a landlord or property manager favoring one tenant over another because he or she likes the one and doesn't like the other unless that behavior is a breach of the lease or the statute and you haven't provided any information about what your lease says about subletting.
    The lease "ASSIGNMENT: RESIDENT agrees not to transfer, assign or sublet the premises or any part thereof." The property manager is discriminating by allowing other tenants to sublet at will without any issue, so my question would be is that a viable rebuttal or grounds for me to stand on in this situation? The owner is not aware of the fact that the property manager lets the other tenants sublet. She does it because she is unemployed. She pays a reduced rent for being the property manager, and then has the other tenant pay her under the table without the owners knowledge to sublet. Almost living there for free. She constantly has harassed me since I moved in about my age because I am 27 and everyone else in the unit is in their 40's or 50's. This went on well before I ever rented my place out for a day here or a day there on airbnb.

    The lease agreement also says written permission is required for any guest staying more than 15 days. I've never had anyone stay more than 3 days at my place. The only reason she knows is because she interrogated my guest when they came at one point when they were walking from their car to my door.

    Essentially, if the property manager allows others to sublet to illegally profit from it without the owners knowledge, do they have grounds to treat me differently and evict me for the same thing. If this escalated what remedies would I have legally. I have not spoke with the property manager in person yet, and I plan on contacting the owner if she tries to take action against me while still letting others do the same thing.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Property Manager Demands Kickbacks to Approve Subleases

    I suggest you grease her palm for a variance, stop sub leasing or face eviction.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Property Manager Demands Kickbacks to Approve Subleases

    Quote Quoting tfidylawson
    View Post
    The short form of my question is can a property manager (Not the owner, but a tenant who takes on the responsibilities) let other people sublet as long as they give her money under the table, and discriminate against someone else from subletting as well (if they haven't made arrangements to pay her off)? If you want more detail then read on.
    It may be "discrimination" to say that you can't sublease unless you pay a kickback, but it's not unlawful discrimination.
    Quote Quoting tfidylawson
    Sally has appointed herself the property manager and takes her liberties because the owner doesn't want to have to manage things on a constant basis.
    Sally either is or is not the property manager. She can't self-appoint. Only the landlord can make her a property manager.
    Quote Quoting tfidylawson
    A few months later I decided I would give airbnb a whack and see how it worked out. I started renting my place and had been doing so for about 4 months with no issue. Then out of no where Sally texts me to tell me that I can't do it especially without her permission (break her off some money I assume).
    You assume, but you have no actual evidence. As your lease expressly forbids subletting, it should be obvious to you that you cannot sublease without your landlord's consent.
    Quote Quoting tfidylawson
    When the next person came, I got a call saying I had broke my lease and if I did not apologize to her she would give me 30 days notice to move out. Thoughts?
    If you want to keep living there, you should stop violating your lease.
    Quote Quoting adjusterjack
    View Post
    Consent means that the owner either expressly allows Sally to do what she does or simply doesn't object to it.
    ... Or that she doesn't know about it.
    Quote Quoting tfidylawson
    However, because Sally is acting as agent for the owner, the owner is ultimately responsible for any of Sally's acts of wrongdoing. Unfortunately, until the owner is brought to account for breach of contract or breach of statutes, nothing changes.
    Leaving aside the possibility that the owner doesn't know about it, what statutes do you think might be involved that would create any sort of liability on the part of the landlord? The OP has admitted that subletting is prohibited by the lease, so the property manager appears to be enforcing the contract.
    Quote Quoting tfidylawson
    View Post
    The property manager is discriminating by allowing other tenants to sublet at will without any issue,
    Again, that's not unlawful. Also, they may have leased under different terms.
    Quote Quoting tfidylawson
    ...so my question would be is that a viable rebuttal or grounds for me to stand on in this situation?
    No. Even if the landlord waives a provision for other tenants, the landlord is under no obligation to waive any provision of your lease.
    Quote Quoting tfidylawson
    The owner is not aware of the fact that the property manager lets the other tenants sublet.
    Then you need to decide if you are going to live with the present situation, or inform the landlord of the situation.
    Quote Quoting tfidylawson
    Essentially, if the property manager allows others to sublet to illegally profit from it without the owners knowledge, do they have grounds to treat me differently and evict me for the same thing.
    Yes. You are not free to violate your lease.
    Quote Quoting tfidylawson
    If this escalated what remedies would I have legally.
    You would have the legal right to find a different place to live.

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