Roommates who have equal rights in their relationship with the landlord are « roommates. » Roommates have a direct relationship with the owner. Most often, this is reflected in the form of a written rental agreement, in which all roommates and the owner(s) are named. Roommates pay the rent directly to the landlord. They cannot evict each other and are legally responsible for paying the full rent if other tenants are unable or unwilling to pay or cause damage to the apartment. Even if the landlord has given the new occupant permission to move into the unit, they are not required to accept the rent directly from the new resident or include the new occupant in the lease. Instead, the landlord may continue to accept full payment of rent from one or more of the existing tenants who act as « primary tenants » with respect to the new « subtenant. » Generally, a subtenant is a resident who does not have an agreement with the landlord and pays rent to a primary tenant who is legally considered a « landlord ». For more information on major tenants and accommodation gifts, see Topics 154 and 157. Even if you are the primary tenant, you cannot sublet if the lease prohibits it. If the lease doesn`t say anything, it`s usually legal. Instead of a complete ban, the lease can also give the landlord the right to reject new roommates or subtenants. Even if the lease says no, there is one exception: if one of your roommates moves, you can replace them with a subtenant instead of a roommate.

If you are in a rent-controlled apartment and your landlord refuses to approve a replacement, you can apply for a rent reduction. As a rule, the owner fills out a large part of this form or it can be filled out together. Regardless of who does the work, the conditions to which one accepts will form the framework of his or her living situation, since this document should define the obligations of each participant. Therefore, it is necessary to ensure that they know and understand exactly what they accept in the terms of this agreement. Now, it is important to understand that this lease is only an agreement between roommates and therefore does not give the right to a landlord to account for the same benefits as a contract between a landlord and a tenant. If a roommate wants to have power with an owner/owner of the property, he or she must have a lease signed with that company. Tenants with a written lease must follow the procedures outlined here to obtain the landlord`s consent before bringing a new resident into the unit. On the other hand, if there is no written lease for the tenancy or if the contract is silent on the issue of subletting and does not contain a limit on the number of residents, a tenant is not required to obtain the landlord`s consent before moving a new resident into the dwelling, and the following procedures do not apply. You must make the request for the additional roommate in writing, and then the landlord has 14 days to respond. If it fails to do so, the application is deemed to have been approved.

If the landlord refuses for unreasonable reasons, you can ask the rental fund for a reduction in return. For more information, see 6.15E here. Step 8 – When releasing a room, there are several additional considerations to consider. In the « Additional Terms » section, select the topics for which additional terms have been agreed. Document these conditions on a separate document, have it signed by all the roommates, and then attach it to the lease. San Francisco`s Rent Ordinance generally allows tenants to replace departing roommates and/or increase the number of residents living in the unit, even if a written lease prohibits it. However, nothing in the Tenancy Ordinance allows a tenant to sublet or transfer the entire dwelling to a new tenant in breach of a rental agreement, or to sublet or allocate the unit for tourist or temporary use in accordance with the Short-Term Tenancies Ordinance for a period of less than 30 days (see Administration Code section 41A.5). Typically, if you pay your rent directly to the primary tenant, don`t have a direct relationship with the landlord, and aren`t named on the landlord`s written lease, you`re probably a subtenant.

If you are under rent control, this is an illegal rent increase in accordance with section 6.13 of the Rental Committee Rules and Regulations, see the link here. A landlord can`t charge more rent for an additional roommate or newborn. You can ask the Rent Committee for an illegal rent increase. If the landlord rejects the tenant`s application for a new resident without a reasonable basis, the tenant can submit a request for a reduction in services to the tenancy committee to request a rent reduction. In addition, the tenant cannot be evicted for breach of the written lease if the new resident moves in and the landlord has unreasonably withheld the new resident`s consent. In the event that your lease does not provide for subletting or assignment, you can always replace a roommate. You simply can`t sublet (leave and rent your room to someone during this time) unless you write to the landlord for approval. But the owner does not have to grant it. San Francisco guarantees tenants certain rights, but not all tenants get them.

Your rights under city law may depend on whether you are a tenant, roommate or subtenant who is sublet by the official tenant. If you are the « primary tenant » who signed the lease, you are like a landlord to anyone you sublet to. Within five days of receiving the tenant`s written request, the landlord may require the tenant to submit a completed standard application for the proposed new occupant or to provide sufficient information about the new occupant so that the landlord can conduct a typical background check, including the full name, date of birth and references, if desired. While the landlord may require the new occupant to meet his or her usual and reasonable standards of application and agree in writing to be bound by the current lease between the landlord and the tenant, solvency may not be the basis for rejecting the tenant`s application for an additional resident if the additional occupant is not required by law to: to pay part or all of the rent to the landlord. .