Anyone know about renter's rights?

AlohaGirl01

AlohaGirl01

O.G.
Jun 16, 2006
1,700
18
#1
Specifically in California? I've looked online and can't find what i'm looking for and hoping someone here may know. We have an ongoing situation with our upstairs neighbor renting out a bedroom to her relatives. They have all been under 20 and we have had issues with them being loud past midnight and beyond. We have tried resolving it with them but the main and only person who is on the lease is hardly there. She also seems to let family and friends use her apartment when she is not there either. My question is, can she have people living up there that are not on the lease? Can she have friends and family use her apartment when she is not around? I'm assuming no, but want to know for sure what kind of leverage I have when I make a complaint to the landlord. I'm trying to arrange a meeting with him and the other tenant to work it out. Thanks for any advice, I hope it makes sense.
 
#2
i think that will depend on the lease and agreement the renter has with the landlord. i'd still talk to the landlord to let her/him know about the loud music but that may be as far as you can go. i'm just wondering why it's a big deal if family and/or friends are at or using her apt when she's not there? maybe they are house sitting for her?
 
#3
The ability to sublet or allow additional tenants into the unit depends on the terms of the lease/rental agreement with the property owner or landlord.

You can check your agreement for wording to get an idea of what is allowed, and go from there. At times, there are restrictions on who can occupy the dwelling, and any "guest" for longer than a particular time period (generally 14-30 days) must be added to the lease. Unapproved tenants could be a violation of the rental agreements and grounds for eviction. Some agreements prohibit subletting / renting out rooms in the unit without prior authorization. Not all agreements are this detailed. If they are family members, they may be "renting" the room without a formal document/contract in writing - so no "proof" that this is happening.

If you've tried to resolve the problem with the tenants directly and have been unsuccessful, then absolutely go to the landlord/property owner and let them deal with it. You can also call the police and file a complaint for the noise.
 
#4
Dawn said:
i think that will depend on the lease and agreement the renter has with the landlord. i'd still talk to the landlord to let her/him know about the loud music but that may be as far as you can go. i'm just wondering why it's a big deal if family and/or friends are at or using her apt when she's not there? maybe they are house sitting for her?
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It's more than loud music. It would not be a big deal at all for her to have her friends and family there if they were quiet after 10:00-10:30. They are the ones that are making the noises after midnight on weekly basis. Housesitting is one thing, continuous family and friends are what I'm talking about.

I've already talked w/the landlord and he said he would take care of it. Apparently, we are not the only unit that has complained.
 
#6
AlohaGirl01 said:
It's more than loud music. It would not be a big deal at all for her to have her friends and family there if they were quiet after 10:00-10:30. They are the ones that are making the noises after midnight on weekly basis. Housesitting is one thing, continuous family and friends are what I'm talking about.

I've already talked w/the landlord and he said he would take care of it. Apparently, we are not the only unit that has complained.
Click to expand...

that would drive me crazy too. i agree with illinirdhd - if the landlord doesn't do anything about it, file a noise complaint with the police.

we've had our share of loud neighbors. it is never pleasant. :sad:
 
#7
There's some good advice posted already, so I don't have a lot to add, except that I have found some good advice in the past from books by Nolo Press (if you have not already taken a look).
 
#9
Thanks ladies! I will check into the books by Nolo press and should probably buy one since I will be renting for awhile. I have a lead for a possible house to rent....please wish us luck! I have not lived in a real house for 11 years!
 
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