Legal Question in Landlord & Tenant Law in California
Ratification of sublet?
I moved in with someone (replacing a departing roommate) almost a year ago. In that time, I have written rent checks directly to the management company / landlord (it's a 4300 unit complex), always the full amount due and if not on time then within the lease-provided 5 day grace period, after which a 5% late charge is applicable. (I have all the cancelled checks.) In now reading the lease, it appears the sublet is improper as we did not involve the landlord/management co. (I'm in the process of rebuilding my credit). Reading a Nolo book, it appears we can be evicted after a 'non-curable' 3 day notice to quit because we're technically in violation of the lease. But given my performance, and the landlord/management company's cashing of checks clearly written in my name for rent on this unit, can we argue ratification of the modified lease should it become an issue? I don't care about my situation -- I'll find somewhere else if I have to. But my roommate and her son just want stability, and I'd hate to be the one to cause them to have to move!
1 Answer from Attorneys
Re: Ratification of sublet?
If you have not received a three-day notice, you may argue that the landlord has waived the term requiring consent to additional tenants. You are not is a ''sub-let'' situation. Rather, you are sharing a lease with another. I take it your roommate is the one whose name is on the lease. If you haven't reveived a three-day notice, I'd consider the matter a non-issue. As long as the rent is paid, there's no cause for concern.
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