Subletting appartments in Los Angeles. Help!

April 16, 2007 12:15 PM

Appartment management companies have rediculously high credit requirements in Los Angeles. Is it legal for my mother to rent an appartment and for me and my roommate to just live there and pay rent? My mother would not be living there and the managment company probably wouldnt know. If this is not legal, what is the legal action that the management copany can take? This managment company does not accept co-signors. Please help!
posted by Charlie Lesoine to law & government (8 comments total)

I don't think it's a good idea to not let the management know. If you need to get repairs done, you'll have to go through them, and it'll seem very suspicious if you call them and ask for a plumber to come and you aren't your mother. To add to that, most property managers do occasional property inspections. All of these normal occurrences become situations fraught with nervousness if you're not sure about the legality of your living arrangement.

I'd think that you would probably be treated as unauthorized subletters; that is, you'd likely be evicted. I can't imagine the reasoning behind not allowing co-signors. It seems like a total win for the property manager; they fill an apartment with kids who are grateful for the place, and they have a responsible adult to vouch for the continued payment of the rent.
posted by crinklebat at 12:27 PM on April 16, 2007

This isn't really a question of legality, but rather of what the lease your mother would sign states. In my (non-LA) experience, this has been disallowed in every lease I've ever signed. In terms of legal action, you're probably looking at eviction if the landlord chooses to go that route.
posted by sanko at 12:29 PM on April 16, 2007

If it's possible for her to co-sign for you or somehow take on legal liability, it'd work. But the lease is between the occupants of the apartment and the landlord, that's it. If they don't allow someone to co-sign, find a different apartment or see what terms they'd accept -- pay stubs from a couple months, a statement from your employer saying that you have steady employment, etc. It's their option to deny you.
posted by mikeh at 12:48 PM on April 16, 2007

Very likely a lease violation, and technically it's probably some kind of contract fraud though I doubt they'd press charges unless things got very very nasty. Your chances of getting caught on the lease violation vary greatly. If there's an on-site manager, count on getting caught and evicted pretty darn fast.

Usually the solution to this situation is to look for apartments that are owner-managed. They tend to be more flexible, so you should have an easier time finding a mom-n-pop willing to accept a co-signer. Best way to find these types of listings is by cruising a neighborhood you like, looking for 'For Rent' signs. I've found several nice places that way, and basically closed those deals on personal rapport alone -- no credit check or co-signer. It's key to be ready to present yourself well. Treat it like a job interview; dress nicely, keep your comments tactful and upbeat, thank the person for their time, be ready with 3 reasons why they'd want you to be their tenant, etc.
posted by nakedcodemonkey at 1:01 PM on April 16, 2007

If your mother has money a standard lease guarantee could achieve your ends entirely on the up-and-up.
posted by MattD at 1:29 PM on April 16, 2007

When I moved into my first apartment during grad school, they had absurdly high income requirements for the apartment. My parents had drafted a contact in which they promised to pay me $X per month, which brought my income above the requirement. It was, of course, only on paper.
posted by JMOZ at 3:10 PM on April 16, 2007

Former rental agent here, who has studied the other metro areas (I worked in NYC, which has the most ridiculous laws in the country).

California has incredibley pro-landlord laws. So not worth your while to try to scam anyone. But, like New York, students and young people everywhere have their relatives help them out until they land on their feet. Just be up front and ask if they will accept a parent as a guarantor (that's the term you're looking for) or if your parent can outright sign the lease or co-sign with you.

The other suggestion above to deal with smaller landlords who are more interested in renting to good people, not just good paper, is a sound one.

You don't say what your credit situation is, or your job situation, or if you have a rental history. But if you have any of those things, get the information together: run your own credit report (you may still have to pay for the LL to do it - too many potential tenants with a scanner and good editing skills), any landlord references, employer references, professor references, pay stubs, transcripts (if you're an A student) - don't laugh. I would always put together this kind of package for my clients in NYC and I got impossible deals through because the landlord was impressed and the people appeared professional, reliable, responsible. That can help you in either case, whether you're dealing with a big management company or just bob and louise who rent out their old house while they live in the new condo.

Finally, if you have credit issues, don't try to hide them: be prepared to explain them. Landlords usually understand medical debt or cell phone companies (everyone's had an argument with a cell phone company). And they also can be made to understand "I was young and irresponsible, but I have halted that behavior and have made strides towards clearing up my issues" (with proper documentation, of course).

YMMV.
posted by micawber at 7:45 PM on April 16, 2007

It depends on the lease.

Most leases specifically outline whether or not the legal resident (the person responsible for the rent) can sublet. Most leases also specifically state the names of the people allowed to occupy the apartment but that are not legally responsible ("occupants").

If your name is not in the management's files, expect to not be let in if you lock yourself out, and don't be shocked if they won't take a personal check from a person not on the lease.

Otherwise, micawber has good things to say and you should listen to him/her. Above all, be honest with management. If they give you attitude while you are trying to be honest, choose to live elsewhere.

I am a 4th generation apartment manager but I have no experience in California and do not know the local or state laws involved.
posted by ilsa at 9:22 PM on April 16, 2007