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Umm, the landlord is entirely within his rights to kick the guy out. If I remember right, the standard lease had a clause about no subletting without landlord approval of the person. Part of that approval is the credit check. So all parties involved are in violation of the lease. It sucks, but it sounds totally legit. Follow the lease, people. The landlord doesn't want to screwed over either.

I can understand the landlord’s concern about being paid. It will take him about 60 days to evict you if he has to take you to court. You might offer to put up a 2-month security deposit, so that he can be assured he will not lose any money if you flake out on the rent.

It's kinda up to you. If you want to be an ass then don't leave, and wait for the landlord to evict you. (And the other couple). This gives you some time to find a new place.

If you think you can find another place in 2 days. Ask for your march rent back and leave.

The other thing would be to ask to stay until the end of the month to find a new place to stay. The landlord can't just change the locks on you, so if you promise to be out by the end of the month, he might agree.

Yep, the landlord is in the right. Try to negotiate with a bigger security deposit as Kaci K has stated above. Typically a bigger deposit is reassurance for the landlord.

last ditch ..can you come up with 6 months in advance?I am a landlord and money talks...

All you can do is try to offer 2 months deposit or offer paying up front. And then beg. Sounds like the current tenants didn't discuss adding another tenant to the lease with him prior to letting you move in.

Hmmm, unless your name is on the lease, you don't really have any legal rights. But that doesn't mean you have no power... are you charming? :)
Money talks in LA, yes... but so does charm. And if you have both, well then the situation is probably more favorable for you.
You should see if you can talk to the landlord face to face and explain your situation. Let him/her know what you have to offer (a couple months rent up front in lieu of perfect credit, signing a sub-lease, etc.) and at the very very worst, at least see if he/she will let you stay until the end of the month (since it's already paid for) so that you'll have some time to find a new place.

I thought if you were on a sub-lease the people you were subletting from were responsible if you flaked out. In that case, I don't know why the landlord would bother with a credit check. Maybe it's different in California, but if not a sub-lease might be the way to go.

I agree with mrwhatever. Totally on them.

Offering a higher security deposit seems like a good idea.

Also, have you tried talking to couple you are subletting from?
Enlist their help in convincing the landlord. If they have lived here 5 years, surely they would have some influence with the landlord? And they risk being evicted also if you take a stand and choose to not move..

So if you all go and try talking to the landlord, coupled with the higher deposit that ought to smooth things over.

Good luck! I hope things work out well for you.

i don't have any advice as i don't like in the US, so no idea of Californian tenancy law.

just wanted to say good luck to ya.

I would take it more than likely this guy was subletting without letting the landlord in on it - so their names are more than likely NOT on the lease, meaning their rights are nothing in this situation. The landlord is fully within his rights - he should have done the credit check earlier, but he has full power to evict you in violation of the lease on subletting.

The best idea I could think of has already been posted - offer two months deposit so at least the landlord knows if you don't pay and you get the 60 days to vacate, he didn't lose out. More than likely if your credit is bad enough for him to evict you, finding a new place won't be so easy.

I know it says right on my lease that adding a roommate without prior permission has a penalty of $300 per month. I don't know what the procedure is for getting permission for another tenant they don't already have on this lease, whether or not it's a credit check, or whether or not they can charge me $300 more than the couple who lives upstairs in the same size apartment. I feel bad for the OP. I think there has to be other roommate situations in your area. I would appeal to the landlord with money, but in essence, I wouldn't do anything to further jeopardize the formal tenants. Start looking, start packing, and hopefully, the landlord will be reasonable enough to let you stay until the end of the paid-for month if you promise to be on your way, rather than toss you and the people who already lived there. They're the ones who violated the lease, I don't know what they deserve, but in a situation where virtually no harm was done, I don't know why people have to be so rigid.

I don't know where you live, but where I live, any threat of eviction must be in writing, the specific reason must be stated, and you must be given at least 30 days to vacate. If over that time, you can reverse the reason, you can petition law enforcement/the court to allow you to stay. Don't let the landlord push you around. In most places, renters have the same rights as home owners, and if they aren't afforded them, they need to have a lawyer write the landlord a letter. Landlords are bullies who count on your not defending your rights.

i think the rigidity comes from the change in rights that comes if the landlord lets it slide and things become problematic later. it's like the trouble with squattors or author's rights. if you let it slide, you can't just invoke it later. at some point implied consent becomes a factor and the landlord is screwed.

Guys, if the landlord is running a credit check on the guy it sounds like he is actually following the rules and that the original couple was keeping things above board by checking with the landlord. How else would he have known to run the credit check.

I do agree that an in-person conversation with the landlord, plus as much pre-paid rent as you can give would be the way to go. If have a six-month buffer and then pay on time for six months that should be a pretty good sign.

There are so many flaky renters out there that you are going to have to prove yourself above the rest.

~k

Landlords love money: if you can pay 3 months of rent ASAP, I bet he'll let you stay.

Good luck!

way to go nikkibee!

youre the first one with some real advice! (:

yes.. i would definitely go to the landlord with as much money as you can possibly spare..

considered and discuss the possibility of writing your own contract directly with him to have your part of the rent paid in full ahead of time.

(i.e. - paying $500/mo instead of $400)

also i'd listen to sparkle about using your charm!

Fascinating that the landlord would rather have you out than know that his tenants can pay the rent on time.

It sounds like what he really wants is everyone out.

Sorry to hear this. Contact NOLO and perhaps, you can get some suppport or at least hear the anticpated outcome

Most major cities and states have agencies that provide legal help and advice for tenants, if not, you can seek help from your local legal aid society. You need to contact the appropriate agency in Los Angeles City and county government as well as the responsible state agency. Start by contacting the City of L.A.'s main number and ask for the office that handles landlord/tenant issues.

Good Luck!

I would ask for a face to face meeting with the landlord. People tend to be less rigid when you are talking with them in person. As others have mentioned, you may be able to negotiate with a higher security deposit.

You could also offer to make your monthly payment via cashier's check. This would eliminate some of the trust issue considering there is no worry that your rent check will not be honored by the bank.

Good Luck to you!

Interesting. The landlord seems to think that good tenants (i.e. the original tenants) are a dime a dozen in this economy.

I keep putting myself in the landlord's shoes. No landlord would rent to someone with bad credit without either an almost insane security deposit (few months rent) or without a cosigner. It's just the way it works.

Hell, where I come from, we had to get a cosigner the first time we rented because no one wanted to rent to first time renters. Luckily my mother-in-law came to the rescue.