Can my roommate (legally) give me a 30 day notice to move?  I realize
this question is one of if I'm regarded as a co-tenant or a subtenant
under the law and that's what I'm trying to find out.  I've done
multiple searches online and it seems that even though it's a gray
area I would be regarded as a co-tenant for these reasons.  1.  I
filled out an application to rent for the landlord (not my roommate). 
2.  I gave a security deposit to the landlord. 3.  I write my rent
checks out to the landlord.  4.  I've asked the landlord directly for
repairs to the unit and she has complied.  The facts are these:
I live in San Diego and moved into an apt after answering an ad for a
room for rent.  My roommate (who placed the ad) had been living in the
apt and already signed a lease with the landlord and I did NOT sign
the lease upon moving in, I only turned in a rental application, wrote
out a check for a security deposit (to the landlord, not my roommate)
and wrote a rent check out to the landlord.  Would I have an implied
(oral) co-tenancy agreement with my landlord even though I have never
signed a lease; releasing the right of my roommate to give me notice
as I know she would have if I were her subtenant?

Howdy spoondinky!

Keep in mind the "Important Disclaimer: Answers and comments provided
on Google Answers are general information, and are not intended to
substitute for informed professional medical, psychiatric, psychological,
tax, legal, investment, accounting, or other professional advice."

It appears that you probably qualify as a co-tenant (at least in some
parts of California) without getting into the concept of oral agreements,
but rather by nature of the implied status that you might already have.

The three critical things that appear to apply are:
- you write your "rent checks out to the landlord"
- you "asked the landlord directly for repairs to the unit"
- you "turned in a rental application" (if it included a credit application)

Some passages from the Metro Rent web site:
http://www.metrorent.com/faq.cfm#L10

"Will I be put on the lease at my new place?"

"Generally speaking, your new landlord can decide how your situation
will be treated. You’ll probably either become a “co-tenant” (be put
on the lease and have the same rights and responsibilities as the rest
of the household members), or a “subtenant” (responsible for making
rent payments to a housemate who is on the lease and who functions as
your landlord). In either case, you may be asked to obtain a credit
report and fill out an application that includes information about
your employment history and references."

The Housing Rights Committee of San Francisco (HRCSF) might be able to
help answer your question.  Even though they are in San Francisco, they
seem to be there to help.
http://www.hrcsf.org/tenant_info/sublet/subl_2defi.html

"Co-tenant:"

"Tenant who may have moved in after the lease was signed, but has
established a relationship with the landlord usually through payment
of rent directly to the landlord and requesting services such as
repairs."

Also from the HRCSF site.
http://www.hrcsf.org/tenant_info/sublet/subl_3faqamas.html

"Question: I am a subtenant. Can the master tenant evict me?"

"Make sure you're really a subtenant and not a co-tenant. What is your
relationship with the landlord? Have you ever paid rent, requested repairs
or filled out a credit application? You may want to call our counseling
hotline (415-703-8644, Monday through Thursday, 1-5pm) to clarify your
status."

The Apartment Owners News Magazine website has an article by Susan Burnett
Luten, Esq. titled "What You Need to Know About Subtenancies".
http://apartmentownersnews.com/articles/l_substenancies.html

"A co-tenant has all the rights and responsibilities of tenancy. He or she
has a relationship directly with the landlord, and is responsible for making
sure the rent is paid to the landlord. If no one else pays, the co-tenant is
responsible for all of the rent."

"A subtenant does not have a contractual relationship with the landlord. The
landlord does not accept rent from the subtenant, only from tenants. If the
subtenant wants the carpet replaced, he makes his complaint to the tenant,
not the landlord."

Further resources on housing issues specifically relating to San Diego,
from The Tenants Union web page.
http://directory.tenantsunion.org/california.html

Legal Aid Society of San Diego 
Provides legal services to low-income residents of San Diego city and county.
Address: 110 S Euclid Ave
San Diego, CA 92114-3796 
Phone: (619) 262-5557 
Fax: (619) 263-5697 
Email: ajabum@lassd.org 
 
Tenants Legal Center of San Diego 
A community law office in San Diego.
Address: 5252 Balboa Ave Ste 408
San Diego, CA 92117-6939 
Phone: Office: (858) 571-7100
Recorded landlord-tenant information: (858) 571-1166 
URL: http://www.tenantslegalcenter.com/ 
Email: info@tenantslegalcenter.com

All of the above said, keep in mind several things:

- Talk to your landlord and see how they view your tenancy status.
- Even if the law is on your side, this will not prevent possible litigation.
- For legal, etc. matters, it is best to get professional counsel.
- Do you want to be where you might not be wanted, no matter the reason?
- The stress of moving might be less than the stress of staying.
- If it is a matter of time, then perhaps you can negotiate more of it.
- If this is "the" place for you, try to negotiate with the landlord. 


Search strategy, besides personal experiences:

"housing rights" "san diego"
://www.google.com/search?q=%22housing+rights%22+%22san+diego%22

co-tenant subtenant "san diego"
://www.google.com/search?q=co-tenant+subtenant+%22san+diego%22

If you have any need for clarification of my answer, feel free to ask!

Looking Forward, denco-ga

---

Request for Answer Clarification by spoondinky-ga on 17 Apr 2003 14:16 PDT

Hi there and thank you for your timely response.  I do realize that
you cannot give informed legal responses but was hoping to see if you
would come up with something other than I had found already. 
Unfortunately, I think I'd already read every quote that you sent me
and been to all the websites that you referred me too, I guess my web
searching skills aren't sub-par to those found at google.  Keep the
money, use it for something useful, it's only $10 and it was worth a
shot I guess...  That tenant legal clinic here in San Diego charges
$80 just to get a meeting (ask a question) but I guess I might have to
pay it just to find out where I stand in the eyes of the law.  I don't
want to fight this thing if my roommate can actually (legally) get an
unlawful detainer, otherwise I'm still leaving but just don't want to
do it on her terms (i.e. recognize her 30days notice.)  Thanks again
and have a great day.  If anyone reads this and has any other
knowledge of the subject any input would be appreciated... my days are
numbered.

---

Clarification of Answer by denco-ga on 17 Apr 2003 14:51 PDT

Howdy spoondinky!

If you haven't called them already, the Housing Rights Committee
of San Francisco (HRCSF) counseling hotline (415-703-8644, Monday
through Thursday, 1-5pm) might be a cheaper alternative, at least
to get a feel of where you stand.

Even though it appears that you could be considered a co-tenant,
without that signed piece of paper, who knows what a judge would
decide.  You can always "reject" the notice, but then you might
be in court one way or the other and the meter starts running.

You could always approach the landlord and see if you can get a
"real" lease (even if for 60 days) from her that "legally" makes
you a co-tenant.

Good luck!  denco-ga

sorry, forgot to rate your answer.  I give it a full 5 stars because
we both came up with the same information after (on my part) extensive
searching and I think it's probably the best that can be done without
consulting an attorney.  Good job and thank you.

Thanks for the 5 star rating spoondinky!

In worse(?) case, you could become a researcher here!

Looking Forward, denco-ga

My guess is you can give your room mate a 30 day notice to move out,
but neither of you can enforce the eviction. If you want to stay and
have your room mate move, you should write the eviction notice then
see who will give in first. There is at least a slight chance the
problems will go away, and you can share the place happily for a long
time. Likely that would be the first choice of your mutual land lady.
If you follow my suggestion, you should tell the land lady what you
are doing and why. Fairness, honesty and full disclosure is nearly
always the best policy.   Neil

If anyone is in the same situation (different cities have different
laws) I ended up getting legal advice and I was told that I do in fact
have a tenancy with the landlord and not the roommate (app. with the
landlord, deposit to landlord, rent checks to landlord) despite the
fact that the roommate has a signed rental agreement.  To be
considered a sub-tenant I would of had to been doing all of the above
things with my roommate and not landlord.  It's some sort of oral or
implied tenancy even though nothing was signed.  Hope this helps
someone else out if they're in the same nightmere situation I was.

Thanks for your update post spoondinky!

Glad that at least the legal advice confirmed what both
of us were thinking would be the case.  Good luck!

Looking Forward, denco-ga