The Landlord Dispute Attorney in San Mateo, CA

8 min read

The Landlord Dispute Attorney in San Mateo, CA

Sometimes an argument can happen between two roommates for any dispute like being overcharged, for this one has the right to file a claim at the rental board. Numerous issues can be put under the Landlord and tenant or Landlord and the tenant law.

These terms carry different rights and obligations.

Between Co-Tenants.

Housemates sharing equal rights along with the Landlord are termed as co-tenants. It's a direct contact with the landlord. Usually, it is reflected in the form of a written agreement. It lists all the co-tenants and landlords. They pay the rent directly to the Landlord without any mediator. These co-tenants cannot evict each other. They are jointly liable for the rent. Both are legally responsible for paying the rent. If the other tenant fails to do so, it can cause damage to the apartment. The Wolford Wayne’s Landlord Dispute Attorneys in San Mateo, CA, can represent the tenant and get the best outcome from the case in the client's best interest.

 

What is the difference between Master Tenants and Subtenants?

Master tenants or subtenants are formed when more housemates move in. The most common example is someone on an existing lease moving out of the apartment and others moving in and staying as a replacement for that tenant. So this person gets referred to as a Subtenant. At the same time, a master tenant is named on the written lease. They are also responsible for written checks to the Landlord.

 

Landlords usually prefer consulting with the master tenant instead of the Subtenant. It is a way of avoiding tenant/Landlord Relationships with subtenants. Hence, the subtenants can control the rent until the original occupant vacates.  Consult with the best Landlord dispute attorneys in San Mateo, CA,  to discuss your options.

 

What are the Duties and Responsibilities of Master Tenants?

The Landlord doesn't have any direct contact with the subtenants. So for any messages, the Master Tenants step in. It means the master tenant takes on the responsibilities and duties of the Landlord. It includes all the basic rights like collecting rent or evicting a subtenant.

 

Usually, this works out in the best way possible between the housemates if the master tenant is appointed as the point person for any important communication. Sometimes there could be a matter where the master tenant abuses or denies his duties. To avoid such blunders, it is important for both the master tenant and Subtenant to understand their rights and responsibilities.

 

What are the Subtenant's rights?

In San Francisco, Section 6.15C of Rent Board Rules and Regulations provides certain rights in favor of a Subtenant. One can consult with the Landlord's Dispute Attorneys in San Mateo, CA, to discuss any issue the tenant faces from the landlord’s side. The Wolford Wayne Attorneys can help.

 

Protection from Sudden Eviction.

The Subtenants resided in buildings that were built before 1979. At the same time, the tenancies that began after May 1998 can't be evicted without a cause. The sublease agreement doesn't qualify for a just cause for eviction even if the master tenant has given in writing about it at the beginning of the sub-tenancy.

 

Now if the sublease states the Subtenant is not eligible for protection from eviction, here, the Subtenant can be evicted by the master tenant. It can be done without providing any reason at all. So here, basically, the Subtenant has a prior notice.

 

Petition from Rent Board.

Like the tenant rights, here, the Subtenant can ask for a petition from the rent board if there is any illegal increase in the rent. Even if there is any decrease in the housing services or repair of the unit needs to be done. Here, the difference arises when a subtenant doesn't directly relate to the Landlord. So the Subtenant fixes this issue or petitions to a subtenant petition. At the same time, they address the issue in the name of the master tenant instead of the actual Landlord. For any such issues, one can consult with the landlord dispute attorneys of San Mateo, CA, at Wolford Wayne to discuss the rights as a subtenant and get the best outcomes from the current issue.

Setting the Rent.

Once the Master Tenant and Sub Tenants are housemates, the rent ordinance is crisp and clear. The master tenant gets to charge the Subtenant on the grounds of a proportionate share of the Subtenant. The share is proportion to the share of the total rent paid to the Landlord by the master tenant. So the share of the Subtenant includes the rent and maintenance charger related to the housing facilities mentioned in the Subtenant's lease agreement, as per the rules and regulations of Rents and Regulations of Santo Mateo. 

 

Let's consider the example of a tenant who lives in a rental room of a three-bedroom place. The Subtenant should be paying close to one-third of the total rent. The share can be divided based on square feet, and extra amenities could be included. A master tenant is liable to charge extra for a private main bedroom and parking space if he provides that to the tenant. The kitchenware and furnishing are a sole responsibility. It can fall under the housing facilities. So here is now the extra rent from the subtenants is justified.

 

But if the tenant feels an inappropriate rent or unlawful rent increase by the master tenant is taking place. The subtenants can file a petition at the Rental Board. The tenant must provide his/her share of the unit and the amount paid by every housemate. For filing or understanding the tenant's rights, he can consult with a Landlord Dispute Attorney in San Mateo, CA.

 

After the Subtenant has filed the petition, a hearing is scheduled in which the master tenant and Subtenant can provide evidence to prove their side right. The Administrative law judge can adjust the rent, and the master tenant can be asked to refund the extra rent. Both sides get to choose a representative at the hearing. To represent your side, you can consult Wolford Wayne's Landlord Dispute Attorneys in San Mateo, CA. Professional Attorneys are dedicated to getting the best outcome for the client.

Master Tenant is bound to show the Total Rent Paid.

The Master Tenant is bound and compulsory must show the disclosure in terms of the total rent paid. To understand the dispute issues between the Subtenant and master tenant. It is important for the Rental board must know the share of each side. However, suppose you are a subtenant whose master tenant has refused to share such details. In that case, you can consult a Professional attorney to discuss the dispute. The Wolford Wayne's Landlord Dispute Attorneys in San Mateo, CA, can help.

Conclusion 

It is important to speak to a Landlord Dispute attorney for any dispute between the Landlord and Master Tenant or between the Master Tenant and Subtenant on the grounds of illegal rent increase or denying the repair or maintenance of the rental unit. One can speak to the Landlord Dispute Attorneys of Wolford Wayne in San Mateo, CA, to discuss the issue and settle with the best outcome.

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