Within five days of receiving the tenant`s written application, the landlord may require the tenant to submit a completed standard form application for the proposed new occupant or to provide sufficient information about the new occupant to allow the lessor to conduct a standard background examination, including the full name, date of birth and references. , if he wishes. While the landlord may require the new occupant to meet its normal and reasonable standards of application and agree in writing to be bound by the current tenancy agreement between the landlord and the tenant, solvency cannot be the basis for the rejection of the tenant`s application of an additional resident if the additional resident is not legally obliged to pay part or all of the rent to the landlord. Therefore, if the tenant requires the landlord`s agreement for a new occupant who does not pay rent directly to the landlord, such as a tenant. B, the lessor may not require any credit or income information as part of the application or substantive review. Tenants with a written tenancy agreement must follow the procedures described above to obtain the landlord`s approval before having a new occupant in the unit. On the other hand, if there is no written tenancy agreement for the lease or if the sublease contract is silent and does not limit the number of inmates, a tenant is not required to obtain the landlord`s consent until he has a new occupant in the unit and the following procedures do not apply. Even if the owner has authorized the new occupant to move into the apartment, the landlord is not obligated to accept the rent directly from the new occupant or to include the new occupant in the rental agreement. On the contrary, the landlord may continue to accept the full payment of rent by one or more of the existing tenants, who are considered “primary tenants”. for the new “subtenant” resident. In general, a subtenant is a tenant who does not agree with the landlord and pays rent to a principal tenant legally considered a “lessor”.
For more information on the main tenants and subtenants, see No. 154 and 157. We are often asked what rental contract a San Francisco landlord should use for tenants moving into a rented apartment. The answer is clear. The San Francisco Apartments Association has written an excellent apartment rental agreement that we recommend to all San Francisco homeowners. This is the lease we use ourselves with Gordon Property Management. If the landlord rejects the tenant`s application for a new occupant without a reasonable basis, the tenant may submit a reduction in the demand for service to the Tenants` Office to request a rent reduction. In addition, the tenant must not be evacuated for breach of the written tenancy agreement if the new tenant moves in and the landlord unduly refuses the new occupant`s consent. The San Francisco Apartment Association (SFAA) has released its 2017 version of its residential rental agreement. Minor changes in form reflect recent legislative changes and proposals by SFAA members. Copies of the new agreement are available at the SFAA office or online at www.sfaa.org The SFAA housing rental agreement is considered the best standard rental form for use in San Francisco.
It is checked annually by a team of blue stripes of lawyers and property managers to ensure that it is up to date with changes in the law.