tenant moves out.Tenants children move in with out notifying owner.

[lgcjc]

I have a tenant who just moved out to a government sponsored retirement home. Their children and grandchildren has moved into the unit, but the parents are paying rent. They have tried to add children's name on rent check but my management company refuse to accept check without my approval. What should I do? Can I threaten to report the parents to the government housing agency that is giving them housing? The children have been living there for less than a month. The location is in San Francisco.
What can I do?

 

[adjusterjack]

What's the big deal? You own a rental to get rental income. Accept the checks for the time being. If you don't want them living there, give them the appropriate termination notice or get them to sign a new lease. This ain't rocket science. Can't imagine why your management company person isn't explaining all this to you.

 

[HRZ]

OUCH ...and in a rent controlled area as well? I would NOT create the prospect of a new tenant deal by allowing direct payment from what appear to be your existing tenants subtenants . IF you allow it you may be restricted as to rent increases you can impose on a " existing " rather that "new " tenant .....and then there is question of can new occupants really afford it .

These occupancy games in rent controlled areas are way beyond me ..but if you are going to be a successful LL in that part of CA you best get an instant education as to local " issues "

PErsonally I'd want a new lease with everyone held to it .

 

[adjusterjack]

I didn't think about the rent control issue.

If the property is rent controlled, lgcjc, you had better become very well versed in the rent control laws before you accept that check.

Here's the SF Rent Board's website.

https://sfrb.org/rent-ordinance

 

[DeenaCA]

The landlord's authority to refuse to add family members of the original tenant(s) may be limited under San Francisco's rent control rules. See Rent Board Rule 6.15D here.

 

[Zigner]

The OP may wish to also refer to 6.14(c):

(c) Subsequent Occupants who are not Co-occupants and who commenced occupancy on or after January 1, 1996, where the last Original Occupant vacated on or after April 25, 2000. When all original occupant(s) no longer permanently reside in a rental unit, and the last of the original occupants vacated on or after April 25, 2000, the landlord may establish a new base rent of any subsequent occupant(s) who is not a co-occupant and who commenced occupancy of the unit on or after January 1, 1996 without regard to the limitations set forth in Section 37.3(a) of the Rent Ordinance unless the subsequent occupant proves that the landlord waived his or her right to increase the rent by:


(1) Affirmatively representing to the subsequent occupant that he/she may remain in possession of the unit at the same rental rate charged to the original occupant(s); or


(2) Failing, within 90 days of receipt of written notice that the last original occupant is going to vacate the rental unit or actual knowledge that the last original occupant no longer permanently resides at the unit, whichever is later, to serve written notice of a rent increase or a reservation of the right to increase the rent at a later date; or


(3) Receiving written notice from an original occupant of the subsequent occupant’s occupancy and thereafter accepting rent unless, within 90 days of said acceptance of rent, the landlord reserved the right to increase the rent at a later date.

 

[lgcjc]

I didn't think about the rent control issue.

If the property is rent controlled, lgcjc, you had better become very well versed in the rent control laws before you accept that check.

Here's the SF Rent Board's website.

https://sfrb.org/rent-ordinance

I found out by talking to rent board that I can send them a rent increase notice if they are not the original tenants. Thanks for referring me there.

 

[FarmerJ]

It appears to me that those family members may have a tenant entitlement attitude . Document every thing very well in writing and make sure all your communications with them are backed up with letters sent via confirmed mail delivery at the minimum . I suggest you keep a very close eye toward any problems with them and deal with issues swiftly and if needed you may want to hold back entering into a fixed term lease with them and stay month to month for a while if your going to allow them to stay so you have more flexibility in getting rid of them if you must.