When multiple tenants occupy a rental unit, it can be double the trouble.
Bornstein Law can help protect the rights of landlords in these hybrid and difficult-to-manage living arrangements.
It is becoming more common for housemates to pool their resources to absorb the astronomical rent costs in the Bay Area.
Having a dispute arise with a lone tenant is difficult enough, but when there are multiple tenants living under the same roof, the legal issues and stress can be multiplied.
When living in close quarters does not work out, oftentimes another roommate takes the place of an outgoing resident and starts a game of musical chairs where the landlord does not know at any given time who is residing in their rental units.
In other cases, roommates refuse to pay rent, create a nuisance or otherwise do not fulfill their respective responsibilities.
If there are two or more occupants and someone is not carrying their weight, the landlord is left wondering what recourse is available, unable to pin point what contractual relationship they have, if any, with the offending individual. At Bornstein Law, we can restore peace of mind by helping you understand and manage multiple relationships in roommate arrangements.
Watch out for long-term guests that inadvertently create a tenant relationship. One unexpected and harrowing surprise landlords can face is a long-term guest that becomes a tenant because they stayed in the rental unit for 30 days or more, regardless if they entered into any formal tenancy agreement. Don’t wear blinders — if there is a guest that is staying in a unit for any prolonged period, you have a new tenant under the law, and if they do not leave on their own accord, they are entitled to due process when they are no longer welcome, meaning the guest-turned-tenant needs to be provided written notice to vacate.
Watch out for long-term guests that inadvertently create a tenant relationship.
One unexpected and harrowing surprise landlords can face is a long-term guest that becomes a tenant because they stayed in the rental unit for 30 days or more, regardless if they entered into any formal tenancy agreement. Don’t wear blinders — if there is a guest that is staying in a unit for any prolonged period, you have a new tenant under the law, and if they do not leave on their own accord, they are entitled to due process when they are no longer welcome, meaning the guest-turned-tenant needs to be provided written notice to vacate.
A rudimentary question is whether roommates are co-tenants or sub-tenants, and this relationship can be clearly spelled out in an ironclad lease. The rental agreement can also prohibit or restrict assignment, subletting and other changes in occupancy so that the owner exerts control over who is living in the dwelling. We can also facilitate in legally transitioning tenants, co-tenants, or sub-tenants out of the rental unit when the circumstances call for it.
If you have questions about protecting your rights as a owner of a property with two or more tenants in the same unit, or if you have want to regain control of a rental that houses multiple residents, contact the landlord lawyers of Bornstein Law today.
MORE IN DEPTH
Read our blog on the laws governing roommate arrangements and landlord rights →
From SF Curbed: 38.5% of San Francisco Adults Need a Roommate →
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