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Smackies02

Registered:
Posts: 9
Reply with quote  #1 
The rental property is actually my Nana's (she's the landlady), and she has assigned me as her agent in order to clean the place up after the last tenants wrecked it and to get new tenants.

I am currently renting out a room in the house and have managed to get a friend of mine into the upstairs master bedroom. The problem is my friend thinks that because he is paying rent for his room he can decide who gets to move into the other spare bedrooms without informing me or my Nana. Those two bedrooms are for rent and my Nana was going to rent them to someone. But my friend just brought over a couple with a baby and is letting them move all of their belongings into the house and live there rent free as his guests. Can he do this???

He also thinks that he can make any decisions reguarding the house without consulting me or my Nana. He has moved my pocessions all over the living room without asking me first, allowed his friends to use my kitchen things without asking. And is now expecting to be able to move his girlfriend in with him after he gets married without having to tell anyone or having to increase his rent to compensate for her usage of the utilities.

We have already expressed to him several times that he must tell either myself or my Nana before he makes such a decision as it affects me as well, but he keeps telling us that he is in the right by law. He is not a lawyer and I think he's just making these laws up for his own benefit. He has completly taken control of the house and now I feel as though I'm a guest in his house.

What rights does he actually have as a tenant? Is he allowed to do whatever he wants with those spare bedrooms?


rkkeller

Registered:
Posts: 764
Reply with quote  #2 
Some friend !

Does he have a lease ?

Being you dont know the others and never approved it, call the police and throw the squatters out.

I know its hard but you need to take control. If you cant please RUSH and find a good lawyer and let him handle it.

He has ZERO rights to do anything except to the room he is renting.
OHlandlord

Registered:
Posts: 3,720
Reply with quote  #3 
Smack, if I may, allow me to point out your mistakes.  (Please don't take offense.)

First mistake :  Never rent to friends or family.  NEVER!!!  It always turns out badly.  NEVER, NEVER, NEVER!!!!!

Second mistake:  Failing to inform your friend that he is only renting that room and has use of the common spaces in the house.  He is a roomer, not a tenant of the whole house.  Legally there is a difference, especially in CA.  You need to inform him of this immediately.

Third mistake:  You need to inform those people that they cannot live there.  If they wish to move in, they can submit an applicatioon to you, the agent, to be screened PRIOR to being accepted and reented this room.  Otherwise they are squattors and will be removed by police.  He cannot allow access to other rooms of the house when he only rents one room.  If they haven't moved in yet, put locks on all those other bedroom doors until you find tenants for those.  If they have, give them notice to vacate immediately or the police will be called,  They are squattors and have no rental agreement.  The roomer has no right to allow others to move into your house or sublet any other rooms other than his own.  Get those other rooms rented pronto so that he can't do this.

Fourth mistake:  (Implied)  I'm guessing his rental agreement doesn't specify that he rents only that room of this house, does it?  If it fails to specify that he only rents the room in his lease, a court could conclude that a lease which lists only an address he is renting is meant to imply that he is renting the entire address.  If it doesn't spell this out, you need to send him notice of such immediately.

Fifth mistake:  Not consulting an attorney.  You need to call a lawyer now!  Not any lawyer, but one who specializes in LL-Tenant law and does eviction exclusively.  Yes, it will cost some money, but if you call around, you can find one who does evictions for a flat rate.  Have him send him a cease and desist letter to get the point across that he will be evicted if he continues in tjhis manner.  Then do it if he does!

Lastly, get a real lease!  Not one that your beloved Nana wrote up.  One that is CA state law compliant that you can get from a local LL association in the area.  One that is specific for your roomer situation.  Bless her heart, but Nana is from another era.  A simple agreement and a handshake were good enough in her day.  Not good enough nowadays, when you have professional tenants out there that just move from LL to LL scamming them out of rent and damaging their places!  My mother was the same way, as was my grandmother.  They wanted and used as simple a lease as possible.  Not a good idea.  You actually want the opposite.  You want a very detailed agreement.  You want a detailed application and screening process.  You want to be sure the people will be good tenants before you ever give them the keys.  You want them to sign a detailed lease stating exactly what they can and can't do before they get those keys.  You want first and security up front in certified funds before they get the keys.  Only after they have done all of this do they get to move in, and then only into the rooms they pay for.  Other rooms are locked shut and shown on a regular basis until they are rented.
Smackies02

Registered:
Posts: 9
Reply with quote  #4 
Thank you so very much for your prompt responses, I was having such difficulties and I really needed some advice. Since it was not my responsibility to write up the lease and as I didn't know how to and my Nana is the LL then I had no idea how detailed it really needed to be before I did some thorough research after the fact. Too little too late as they say. Lesson well learned however.

The lease is ridiculously simplistic, it does not state anything about exactly which room my friend is renting or what he is allowed access to. My Nana obviously thought that what she had would be sufficient, but she downloaded a pre-written agreement from somewhere on-line. It's barely a page long and the most detailed thing on it states that no alcohol or drugs may be present on the premises. I wasn't even aware that there should have been something in the lease about how many guests a tenant is allowed at a time and for how long.

I was reading a thread the other day about an LL who after doing their own research her lease went from a page and a half to over four pages long with all the stipulations she had forgotten to include.

Luckily however we have solved the major problem of the couple and their child moving in. My Nana has gotten them to sign that ridiculously simplistic lease and pay her this months rent.

So at least that part is settled, but now my question is if we decide to re-write the lease can we demand that the tenants sign it before the old one is up? The one they signed lasts 6 months and it's only the second month. We're going to be fighting the tenants for the next 4 months without the proper stipulations on this lease and I would really rather avoid that.
OHlandlord

Registered:
Posts: 3,720
Reply with quote  #5 
No, you can't make the tenants sign a new lease.  You have to abide by the terms in the old lease until it ends.  So you are stuck with the lease.  You can have Nana implement some rules if necessary for health and safety reasons, but they can't materially change the terms of the original lease.

Why did you allow Nana to sign the same lease with these new people as the one you are already experiencing problems with?  Please educate Nana on today's renters.  Show her some of the horror stories on here and other websites.  No doubt, she has no idea of the problems she can end up with by using that simple lease.  She needs a better agreement to protect herself.

Or better yet, if she insists on using a simple agreement, have it written up for a month to month basis.  It would just renew each month under the same terms.  She can always giver proper notice to terminate as soon as problems arise this way, or she can later implement new rules by just giving the proper notice.  This would allow her to continue using a simple agreement as she wishes, but she will have the freedom to deal with problems as they come up.  Please help to protect her.  Professional tenants are out there that are looking for just such a LL to prey upon.
Smackies02

Registered:
Posts: 9
Reply with quote  #6 
Luckily things have calmed down somewhat with the tenants after I threw a fit and basically told them that they'd better clean up their act or as soon as the lease was up I was no letting them renew it. In any case it is definetly getting re-written after it expires and they can decide then if they want to renew. Unfortunately I didn't have time or the chance to write up a new lease before my Nana had the new tenants sign the current lease. She had originally wanted the lease to be a 1-yr long lease, but I argued that if we didn't get along or had problems then being stuck with eachother for a year would not be wise, but since I also didn't want the tenants bailing after 3 weeks I put in the suggestion of the 6-month lease. This was of course before the lease was written and I had any idea what a mess it would become.

Talk about a learning experience!
rkkeller

Registered:
Posts: 764
Reply with quote  #7 
Thats good news.

A good lease is a big help but also remember "you" are in charge. Never let a tenant walk over you or it will keep happening and you will lose control.
Parasonikas

Registered:
Posts: 2
Reply with quote  #8 
That's a very sad situation that can happen to anyone. I was searching for the information the other day at San Mateo Real Estate website, trying to find a better agreement that what your Nana had, but it was not there. Good that you have it all setteld though. Best of luck!
dishrodger

Registered:
Posts: 314
Reply with quote  #9 
he is not the landlord, so his rights are that of a tenant.....give a 5 day to the unauthorized tenant and 1 to your friend
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