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My mother lives in a senior (55+) apartment complex. I am…

Customer Question
My mother lives in...

My mother lives in a senior (55+) apartment complex. I am 62yrs. and moved in with her four years ago to help with meals, chores and supervision of Rx etc due to her declining health. We have been great tenants, rent is always on time and our apartment is being kept in in great condition. The lease is yearly, but the Manager will not allow my name on the contract (under "other's persons" living on the premises) even though I've lived here full time for many years Is that legal? Thank you, *****: What steps have your mother taken so far? Have they prepared or filed any paperwork?

We submitted the yearly agreement, with my name included. I also appropriately initialed all the boxes, (re: apartment rules, responsibilites, expectations of all tenants etc) My mom did so as well. The manager returned the agreement papers and said "my name must be removed!"

Lawyer's Assistant: Where is the apartment located?

In San Diego. Clairemont area- zip #92117

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank. Just need to know if I have any rights as a tenant. The apartment complex is one of many, owned by Capital Growth.

Submitted: 9 days ago.Category: Landlord-Tenant
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Answered in 17 hours by:
7/11/2018
Lawyer: socallegalwork, Attorney replied 8 days ago
socallegalwork
socallegalwork, Attorney
Category: Landlord-Tenant
Satisfied Customers: 178
Experience: Attorney and licensed real estate broker with over twelve years of experience, specializing in landlord/tenant matters.
Verified

Hello. I believe I can assist you.

This situation is a bit of a reversal from the usual issue regarding who is named on the lease and who is not. Typically a landlord wants all persons living on the premises to be specifically named in the lease. In fact, they often want them named as tenants, so they will also have responsibility for paying the rent.

In this situation, as I understand it, even tho you have been living there for years, the manager does not want you named - not just as a tenant, but under "other persons."

Under the written lease, you are not a named tenant and so, no, you would not have the same rights as your mom. However, you have been openly living there for some time.

There is probably a good argument that, regardless of the manager's refusal to have you on the written lease, that you are, in fact, a tenant under an implied agreement. You moved into the property with the knowledge of the manager, you have been adhering to the terms of the lease and the rules of the complex, paying the rent (or at least being involved in seeing that it is paid). As such, you would be at the least in a tenancy at will. So the manager simply can't throw you out and would need to treat you as a tenant with respect to issues like privacy and habitability. If the landlord wished you to leave, it would probably have to serve you with a 60 day notice to vacate and then file and serve an unlawful detainer and go through that process if it came to it.

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Customer reply replied 8 days ago
Thank you. ***** fill out a formal (individual- for myself only) rental application for THIS residence (because the management says ALL POTENTIAL TENANTS must individually qualify) I do not have the HIGH LEVEL income personally needed to qualify. Is it better to continue as is? If I fill out their formal application, am I setting myself up to be disqualified? Oh dear, HELP. �� What do you recommend? Thank you , Kathy
Lawyer: socallegalwork, Attorney replied 8 days ago

It is impossible to know what the landlord/ manager are thinking. It appears they are comfortable with the situation "as is", but simply don't want to be bound to a long term lease with you should something happen before the term of the current agreement ends. If you do not qualify and think it likely you would be rejected, I would hesitate to apply since I am not sure what there would be to gain.

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Lawyer: socallegalwork, Attorney replied 3 days ago

Was I able to answer your question? If you still need information, please let me know and I will be happy to assist you.

Otherwise, if I have answered your question, please remember to rate me so we know your question has been resolved.

Best of luck to you!

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