Oakland, CA: Landlord refusing to consider spouse on lease

[Remain_Sedate]

Oakland, California. I moved in (alone) in 2011. Girlfriend moved in 6 months later in 2011. Got married in 2015. Landlord (an individual), even prior to 2015 wedding, said would add then-girlfriend to lease. Landlord (TF) then died unexpectedly in July 2017. XYZ Company took over. TF hadn't followed through with putting spouse on lease. However, XYZ said would do so. ABC Property Company bought building from XYZ Co. Estoppel certificate (only presented at transfer from XYZ Co to ABC Property) only showed my name, showing that XYZ Co also failed to place spouse on lease.

Now, Meridian ABC Property Company will not accept rent checks from our combined checking account, because spouse's name appears on check alongside mine. (XYZ Co and of course TF had been willing to accept these.)

Is ABC Property Company within their rights to restrict tenancy to me only, and to exclude spouse that's lived here for 8 years, that two prior landlords indicated would place on lease? Related, if I were to die unexpectedly, would spouse be vulnerable to eviction due to lease issue?

 

[Ohiogal]

I think they have issues due to the Supreme Court case dealing with residents. They should be accepting the checks. Write them a certified letter saying if they do not accept the checks, you will have to take further action and accept that they do not want you to pay rent.

 

[adjusterjack]

ABC Property Company will not accept rent checks from our combined checking account, because spouse's name appears on check alongside mine.

The person making that decision at ABC is incredibly stupid. Do you really want to go to war with an incredibly stupid person? One seldom wins.

Might be just a tad inconvenient but I suggest you use cashiers checks (if you can get them free at your bank) or pay a couple of bucks for money orders.

Then find yourself another place to live when the lease is up.

 

[Zigner]

Just find a cheap place to print a batch of checks that don't have his name on them. I know that some mart with a wall in front of it does checks for dirt cheap.

 

[FarmerJ]

You didn't say if your written lease automatically renewed for a whole year at a time or became month to month? If your a month to month tenant then either you or your new landlord can give proper notice to move out IF your lease renewed for one whole year at a time I suggest you begin to look for another place to live before your lease comes up for renewal so you can see whats out there and line something up then VERY carefully re read your current lease copy and If you cannot find any wording that allows them to refuse checks then hold on for step two which I suggest would be contacting a tenants advocacy group /tenants rights group that's in the bay area to learn what laws there are that may be in your favor since you did marry in 2015 and Lastly going back to the issue with checks (only if your lease auto renewed for a whole year at a time ) would be to in that note tell them you cant find the part of the lease that spells out rules for personal checks SO you want them to highlight it and send t that copy back to you ( include a self addressed stamped envelope ) Keep a copy of the letter stapled to your postal receipt and if they refuse your rent payment again DO not spend the money in your checking account so the check could bounce and ask them if they would like to tell a judge what part of your lease forbids you from using a check from a joint account your on to pay the rent. ( I suggest you keep a copy of your lease in a safe place that is not inside the apartment ) yes I agree the Property management staff are not thinking clearly so this is one of them pick and choose deals where even if your in a lease with months left to go , you might win one battle only to have to move out if they decided to refuse to renew your lease. OR they could offer a renewal with changes that really stink.

 

[Remain_Sedate]

Thank you, everyone, for your responses. My lease does automatically renew for a year. Looking for another place to live is hard, given the real estate market in the Bay Area of California. I'm currently paying about 40% of the average market value in my neighborhood, since I've been there since 2011 and Oakland has rent control laws. I'm going to meet up with the Tenant's Union to see if there is further perspective, as well as go into the Rent Stabilization Board in Oakland to ask the lawyers there.

 

[xylene]

Now, ABC Property Company will not accept rent checks from our combined checking account, because spouse's name appears on check alongside mine.

This is an incredibly easy and possibly cost free situation to rectify.

I don't pay rent from a joint checking account. Open a sperate free checking account at one of the myriad banks that offer this. Problem solved.

This conflict is NOT worth it, especially when you are rent controlled.

 

[Stephen1]

"I don't pay rent from a joint checking account. Open a seperate free checking account at one of the myriad banks that offer this." You could also look into getting the checks printed with only your name.

 

[Zigner]

"I don't pay rent from a joint checking account. Open a seperate free checking account at one of the myriad banks that offer this." You could also look into getting the checks printed with only your name.

That's a great idea

 

[Remain_Sedate]

People are helpful--thanks! I agree that simply removing spouse's name from the checks is the easiest path forward. I'll begin lobbying her toward this solution. However, doing this doesn't address the concern about an emergency when I die in an accident and she (ostensibly) becomes vulnerable to eviction since she's not on the lease.

 

[Ohiogal]

I love being ignored...


https://caselaw.findlaw.com/us-supreme-court/431/494.html

Especially since I was the ONLY attorney to answer you. Good grief. The apartment complex has an issue and this is the start of the argument. However, keep going with ignoring me.

 

[xylene]

[QUOTE="Remain_Sedate, post: 3662507, ]However, doing this doesn't address the concern about an emergency when I die in an accident and she (ostensibly) becomes vulnerable to eviction since she's not on the lease.
[/QUOTE]

Get life insurance.

 

[Remain_Sedate]

Ohiogal, I'm sorry. Also, nice Charlie Brown usage of "good grief"... classic.

 

[Remain_Sedate]

New checks (with my name only) from our combined account are ordered, just in time to pay November rent. If they don't accept it, I'll write the certified letter like you suggested, Ohiogal. Also, we're meeting with a tenant union person this Sunday to get their take on it. Unfortunate for me, I've looked through my emails over the years and it looks like the previous landlord (Tod) and the previous landlord company (Lapham) both only verbally promised me they'd put my spouse on the lease. I was hoping to find that in writing somewhere.