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  1. #1
    Join Date
    Feb 2016
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    Default Can a Landlord Require a New Lease Over a Change in Housemates

    My question involves landlord-tenant law in the State of: SAN FRANCISCO, CALIFORNIA

    I am renting a small unit in a 20 unit apartment in a rent controlled area. I am an excellent tenant, clean, quite, respectful and never late on rent. I've been living here for the past 10 years or so and the rent price skyrocketed (2x) and I locked in a good rate. I bought a house in few years back as well and due to nature of my work, I sleep there and here and the rent rate was too good to let go so I kept my lease. My house and the apartment are about an hour apart. I am on month-to-month lease right now, with the ORIGINAL lease contract.

    My apartment is located near school and my housemate just graduated from school. My girlfriend goes to that school. She has her own place right now and I'd like to have her move into my apartment with me. I was thinking to keep the place until she gets out of school and give it up.

    So I told my landlord that she will be replacing my housemate, and I told my landlord that I will be solely responsible for rent and there shouldn't be any real modification to lease looking at precedences. But he insisted on signing a new lease due to price hike. I refused for many reasons... I did tell him that if he OKs her move-in w/o price change or with a inflation adjustment per rent control, I will terminate my lease and vacate the premise within 2 years (when she graduates). I ensured that if something bad happens (between me and my gf) I will be the one staying and will still keep my promise (sign paper what not and promise to vacate etc). It's funny how he brings this up now because in the past 10 years or so, I've actually changed my housemate a few times, to be specific 4. My first housemate left after a year and I let my landlord know and a new guy moved in. The last one stayed for 5 years. I always let my landlord know every time my housemate changed. He was understanding and all, and he never demanded a new lease, he simply asked for the housemate-to-be's credit report and it was done, never even modified the lease, nothing signed. I did make a sublease agreement with my housemate everytime, between the person and me. So I am still on the original lease with my original housemate's name on it, and that original housemate gave me and my landlord 30-day-notice when he left years ago and that was that. Now that over the past few years the SF housing market went crazy, the landlord suddenly wants to start a new lease. I understand that he wants more money, but this is a bit absurd.

    Question 1: it seems that he set the precedences by allowing me change housemates multiple times. Can he make me sign a new lease over changing a housemate?

    He also threatened me that if my current housemate leaves I have to sign a new lease because I am the only tenant and that's a change in contract. But then my current housemate never signed a lease...

    Question 2: can he do this? do I have to sign a new lease over my current housemate leaving? The rent $ isn't an issue for me. I have no problem covering all.

    I do own a home nearby and I can just have my gf situated there and visit me as a guest when she goes to school. I mean what's wrong with your girlfriend visiting her boyfriend and spending multiple nights at his house? She already does that...

    Question 3: if he can't force me to sign a new lease over my housemate leaving, I have no problem having a guest over. Right?!?!

    I know it's long. I don't like having bad relationship with people esp. my landlord. My landlord became a bit threatening when I told him I wouldn't sign a new lease. Please help.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Can a Landlord Require a New Lease Over a Change in Housemates

    You're on month to month. Bottom line is he can give you your 60 days notice of termination and you're out. So, yes, he can require you to sign a new lease.

  3. #3
    Join Date
    Sep 2013
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    Default Re: Can a Landlord Require a New Lease Over a Change in Housemates

    Quote Quoting adjusterjack
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    You're on month to month. Bottom line is he can give you your 60 days notice of termination and you're out. So, yes, he can require you to sign a new lease.
    Agreed.

  4. #4
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    Default Re: Can a Landlord Require a New Lease Over a Change in Housemates

    Quote Quoting adjusterjack
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    You're on month to month. Bottom line is he can give you your 60 days notice of termination and you're out. So, yes, he can require you to sign a new lease.
    We're talking about a rent controlled property in San Francisco, so eviction is only permitted for just cause. However, one such cause is "Termination of the rental agreement and the tenant refuses to execute a written extension for materially the same terms." Also, it sounds more like this is a case of the original tenant wanting to make his girlfriend a subtenant, as opposed to his actually occupying the unit and bringing in a new roommate.

  5. #5
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    Default Re: Can a Landlord Require a New Lease Over a Change in Housemates

    Quote Quoting Mr. Knowitall
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    We're talking about a rent controlled property in San Francisco, so eviction is only permitted for just cause. However, one such cause is "Termination of the rental agreement and the tenant refuses to execute a written extension for materially the same terms." Also, it sounds more like this is a case of the original tenant wanting to make his girlfriend a subtenant, as opposed to his actually occupying the unit and bringing in a new roommate.
    So, my previous housemates fall under subtenants as well, since he never signed anything with my landlord. Am I correct? And is there any problem with me just occupying the place by myself?

  6. #6
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    Default Re: Can a Landlord Require a New Lease Over a Change in Housemates

    I have no information about your former roommates / subtenants, nor do I see how they are relevant to your current situation. Whatever happened in the past, if your landlord is offering you a lease on essentially the same terms that identifies the actual occupant(s) as the tenant(s), that would appear to be consistent with the rent control ordinance.

    You're either occupying the apartment or you are not -- It's not a hypothetical situation. You know if you live there.

  7. #7
    Join Date
    Feb 2016
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    3

    Default Re: Can a Landlord Require a New Lease Over a Change in Housemates

    I am sorry I wasn't clear.

    My concern is that my landlord still wants a new lease signed even if my gf doesn't move in. He thinks that since my housemate moves out and I become the sole occupant of the premise (I do live there 50%), I must sign a new lease. I personally think he's just trying to get more money. My housemate never signed the lease with the landlord but we let him know of the situation and gave the landlord his credit report.

    I also read this. https://www.sftu.org/roommates/

    If the proposed occupant is not required to pay some rent to the landlord, the landlord may not refuse the proposed occupant due to lack of creditworthiness. The landlord may refuse the proposed occupant and state the reason in writing because:
    The proposed occupant is a threat to the health or security of the other residents or the property.
    The landlord shares the rental unit.
    The additional occupant would cause a financial hardship to the landlord.

    For replacing a tenant where the other tenant remains, the procedure is the same as for adding a nonfamily member except:

    The remaining tenant cannot replace the departing tenant more than once every 12 months without good cause.
    The replacement tenant is allowed for less than 30 days (transient use allowed) if the law for short-term rentals is followed.
    If the rental agreement absolutely prohibits subletting or assignment, see San Francisco Rent Board Rules and Regulations 6.15A for more information.
    If the rental agreement requires permission for subletting or assignment, see San Francisco Rent Board Rules and Regulations 6.15B for more information.

    Per rent control law, it seems to be okay...?

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