Tenants under a written lease agreement must follow the procedures outlined here to obtain the landlord`s agreement before attracting a new occupant to the unit. On the other hand, if there is no written lease for the lease, or if the contract on the sublease issue is silent and does not include a limitation on the number of occupants, a tenant is not required to obtain the agreement of the lessor before attracting a new occupant to the unit and the following procedures do not apply. We are often asked what lease a landlord in San Francisco should use for tenants moving into a rented building. The answer is clear. The San Francisco Apartment Association has written an excellent lease for residential buildings that we highly recommend to all San Francisco homeowners. This is the lease we use ourselves at Gordon Property Management. The San Francisco Apartment Association (SFAA) has released its 2017 version of its residential lease agreement. The minor changes to the form reflect recent legislative changes as well as proposals from SFAA members. Copies of the new contract are available at the SFAA office or online under www.sfaa.org The SFAA Residential Tenancy Agreement is considered the best standard rental form for use in San Francisco. It is audited annually by a Blue Ribbon team of lawyers and administrators to ensure it is up to date with legislative changes. Within five days of receipt of the tenant`s written request, the lessor may ask the tenant to file a completed standard application for the proposed new occupant or to provide sufficient information about the new occupant to allow the lessor to conduct a typical substantive examination, including full name, date of birth and references, if desired. While the landlord may require the new occupant to meet its standards of regular and adequate application and agree in writing to be bound by the lessor and tenant, solvency may not be the basis for rejecting the tenant`s application for an additional resident if the additional occupant is not legally required to pay part or all of the rent to the lessor.
Therefore, if the tenant requests the landlord`s agreement for a new occupant who does not pay the rent directly to the lessor, for example.B. a subtenant, the lessor cannot request credit or income information as part of the application or substantive control. If the lessor rejects the tenant`s request for a new occupant without an adequate basis, the tenant may submit to the rental committee a request for a reduction in services to request a rent reduction. In addition, the tenant must not be evicted for violation of the written lease if the new resident moves in and the landlord has unduly refused the consent of the new occupant. Even if the landlord has agreed to the new occupant`s entry into the unit, the landlord is not obligated to accept the rent directly from the new resident or include the new occupant in the lease….