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September 18, 2018

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  4. Subject No. 151: Subletting and Substitute of Roommates

San Francisco’s Rent Ordinance generally enables tenants to exchange departing roommates and/in order to increase the amount of occupants residing in the system, even if prohibited with a written lease. However, nothing within the Rent Ordinance enables a tenant to sublet or assign the whole unit to a different tenant in breach of the lease, in order to sublet the system for tourist or transient use as defined for the short term Rental Ordinance for under thirty days (See Admin. Code Section 41A.5).

Tenants with written lease contracts are required to follow the procedures described herein to get the landlord’s approval before moving a brand new occupant in to the unit. However, if there’s no written lease deal for the tenancy, or maybe the agreement is silent around the issue of subletting and doesn’t incorporate a limit on the amount of occupants, a tenant isn’t needed to get the landlord’s approval before moving a brand new occupant in to the unit and also the following procedures don’t apply.

What steps must a tenant follow to get the landlord’s consent?

The steps for acquiring a landlord’s consent to a different occupant include strict deadlines that must definitely be adopted by tenants and landlords. First, the tenant must create a written request towards the landlord for permission to maneuver the brand new occupant in to the unit. The written request may be sent to the owner personally, through email, or by regular mail.

The owner has fourteen days from delivery of the tenant’s written request to approve or deny the request the suggested new occupant. The landlord’s denial of the tenant’s request should be on paper having a description from the causes of the denial, including specific details supporting the reason why for that denial. When the landlord doesn’t react to the tenant’s request within fourteen days or unreasonably denies the tenant’s request, the request is considered approved legally and also the tenant can’t be evicted for moving the brand new occupant in to the unit with no landlord’s prior consent.

How do you count the 14 days?

Example: The tenant constitutes a written request on Ink Gel Men’s Indian lyte Running Footwear V Asics the first day’s the month to exchange a departing roommate in order to add yet another member of the family or any other additional occupant towards the unit.

  • When the tenant’s written request is sent to the owner personally, the request is recognized as received through the landlord around the date of delivery (the first) and also the landlord has before the 15th to reply.
  • When the request is delivered by email, the request is recognized as received after 2 days (the next) and also the landlord has before the 17th to reply.

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  • Ink Gel Running Footwear Asics lyte Men’s V Indian When the request is delivered by mail, the request is recognized as received 5 days following the postmark date (the sixth) and also the landlord has before the 20th to reply.

Can the owner request any details about the suggested new occupant?

Within 5 days of delivery of the tenant’s written request, the owner may need the tenant to submit a completed standard form application for that suggested new occupant in order to provide sufficient details about the brand new occupant to permit the owner to conduct an average criminal record check, including complete name, birth date and references if requested. As the landlord may need the new occupant meet your regular, reasonable application standards, and agree on paper to become bound through the current rental agreement between your landlord and tenant, creditworthiness might not be the foundation for denial from the tenant’s request for the next occupant when the additional occupant won’t be legally obligated to pay for some or all the rent towards the landlord. Thus, in which the tenant demands the landlord’s consent for any new occupant who’ll never pay rent straight to the owner, like a subtenant, the owner might not require credit or earnings information included in the application or criminal record check.

When the landlord constitutes a timely request information in the suggested new occupant, the tenant then has five calendar days after delivery of the landlord’s request to supply the owner using the suggested new occupant’s application or typical criminal record check information. The 5-day period starts to run at the time after actual receipt from the landlord’s request through the tenant. When the tenant doesn’t respond inside the five-day period, the owner can deny the tenant’s request with that basis. The tenant may then create a new written request towards the landlord for any new occupant and also the 14-day timeline starts over.

When can a landlord deny a request a brand new occupant?

Pursuant towards the Rent Board’s Rules and Rules, Sections 6.15A, 6.15B, 6.15D and 6.15E, a landlord should have an acceptable basis to deny a tenant’s request a brand new occupant within the unit. Unless of course the brand new occupant may be the minor child of the existing tenant, denial through the landlord from the tenant’s written request a brand new occupant might be considered reasonable in certain conditions, including although not restricted to the next:

  1. Shoe Men’s lyte V Gel Running Indian Asics Ink in which the suggested new occupant is going to be legally obligated to pay for some or all the rent towards the landlord and also the landlord can establish the new occupant lacks creditworthiness.
  1. in which the landlord designed a timely request the suggested new occupant to accomplish the landlord’s standard form application in order to provide sufficient information to permit the owner to conduct an average criminal record check and also the new occupant doesn’t comply within five calendar times of actual receipt through the tenant from the landlord’s request.

    Gel Shoe V Men' title='Gel Shoe V Men' /> </p> <li>Running Footwear V Ink Indian Men’s lyte Gel Asics in which the landlord can establish the suggested new occupant has intentionally misrepresented significant details around the landlord’s standard form application or provided significant misinformation towards the landlord that disrupts the landlord’s capability to conduct an average criminal record check.</li> </ol> <ol> <li>in which the landlord can establish the suggested new occupant presents an immediate threat towards the health, safety or security of other residents from the property in order to the physique from the property.</li> </ol> <p>Additionally, the owner might also deny the tenant’s request a brand new occupant if adding the brand new occupant <u>will exceed the amount of occupants allowed through the lease or the amount of occupants formerly permitted through the landlord within the unit</u> , and among the following are true:</p> <ol> <li>the extra occupant isn’t the member of the family of the existing tenant and also the landlord and tenant live in exactly the same rental unit, or</li> <li>the extra occupant isn’t the member of the family of the existing tenant and also the additional occupant will need the owner to improve the electrical or warm water capacity within the building, or adapt other building systems or existing amenities, and payment for such enhancements presents an economic difficulty towards the landlord, as based on a Rent Board Administrative Law Judge, or</li> <li>the entire quantity of occupants within the unit (including family people) will exceed either:</li> </ol> <p>(i) two persons inside a studio unit, three persons inside a one-bed room unit, four persons inside a two-bed room unit, six persons inside a three-bed room unit, or eight persons inside a four-bed room unit or</p> <p>(ii) the utmost number allowed within the unit under Bay Area Housing Code Section 503.</p> <p>A “family member” for this function is understood to be the tenant’s child, parent, grandchild, grandparent, sister, or even the spouse or domestic partner of these relatives, or even the spouse or domestic partner from the tenant.</p> <p><strong><u>Let’s say the owner unreasonably denies the tenant’s request a brand new occupant?</u></strong> </p> <p>When the landlord denies the tenant’s request a brand new occupant with no reasonable basis, the tenant may file home loan business services petition using the Rent Board to request a decrease in rent. Furthermore, the tenant might not be evicted for breach from the written lease agreement when the new occupant moves in and also the landlord has unreasonably withheld accept to the brand new occupant.</p> <p><strong><u>Let’s say the tenant moves a brand new occupant in to the unit with no landlord’s consent?</u></strong>Brown Flop Grass Retro Islander Switch Gumbies qxwIEXn</p> <p>When the tenant includes a written lease that limits or prohibits subletting and also the tenant moves a brand new occupant in to the unit with no landlord’s consent, the owner may serve the tenant with written observe that the lease continues to be violated and should permit the tenant a minimum of ten (10) days for stopping the lease breach before proceeding by having an eviction. The tenant may cure the breach by looking into making an itemized request towards the landlord for that additional occupant or by taking out the unapproved occupant in the unit. The tenant’s written request would start the 14-day timeline described above.</p> <p><strong><u>Will the landlord need to add some new occupant towards the lease?</u></strong></p> <p>Whether or not the landlord has provided approval for that new occupant to maneuver in to the unit, the owner isn’t needed to simply accept rent from the brand new occupant in order to add some new occupant towards the lease agreement. Rather, the owner could accept the entire rent payment from a number of the present tenant(s), who behave as the “master tenant(s)” with regards to the brand new “subtenant” occupant. Generally, a subtenant is definitely an occupant that has no agreement using the owner and pays rent to some master tenant who’s legally considered the “landlord.” To learn more regarding master tenants and subtenants, see Subject Nos. 154 and 157.</p> <p><strong><u>Can the owner boost the rent due to the new occupant?</u></strong></p> <p>The owner might not boost the rent for that unit in line with the substitute of the departing tenant or adding new occupants, even when decided to through the tenant (see Subject No. 152). However, if all the original tenants have permanently vacated the system and also the only remaining occupants are subtenants who moved in on or after The month of january 1, 1996, the owner might be titled to improve the rent to promote rate (see Subject No. 153).</p> <p>To learn more regarding roommates and subletting, please make reference to the next Rent Board Rules and Rules:</p> <ul> <li><u>Section 6.15A</u> – in which the tenant has requested accept to the substitute of the existing roommate on the one-for-one basis and also the written lease contains a complete prohibition against subletting</li> <li><u>Section 6.15B</u> – in which the tenant has requested accept to the substitute of the existing roommate on the one-for-one basis and also the written lease necessitates the landlord’s accept to subletting but doesn’t contain a complete prohibition</li> <li><u>Section 6.15C</u> – which concerns the legal rights and required master tenants and subtenants</li> <li><u>Section 6.15D</u> – in which the tenant has requested consent for the next occupant who’s a relative and</li> <li><u>Section 6.15E</u> – in which the tenant has requested consent for the next occupant who isn’t a relative.</li> </ul> <h2 id='Landlord Tenant InfoLandlord & Tenant Info

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