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have to take the office time to prepare a new rental agreement for both of them if the new person is approved, and we will have to set aside office time for them to come in to acquaint the new tenant with all of the particulars of the rental agreement and secure new signatures. We will treat this potential tenant as just that ... a potential new tenant. We will expect this new tenant group to meet all of our rental criteria, just as if they were coming to us fresh. Together, they must qualify based on our rental standards, or this cannot go forward.
This process is easy if the proposed new tenant meets our rental standards. Fortunately, that’s how it went with our current issue involving unit 3. The proposed applicant checked out with great credit, solid income, and a spotless rental history. She became a welcome addition. The process is similarly easy where the proposed new applicant clearly does not qualify, either for financial reasons or unacceptable criminal entanglements. The answer is simple: “DECLINED”, coupled with a “3-Day Notice to Conform”, to have this person move out. As with any application, we would give the reason for the rejection ... that they did not meet our rental requirements.
It is more complicated when the proposed new tenant is in something of a “grey area”, where he or she is “almost qualified”, and we do not want to lose our primary tenant. That’s where business judgment come in, and the exercise of sound business judgment has worked well for us.
Dear Readers: This article is the 226th in a series based on the lessons we have learned the hard way. The contents of these articles are merely opinions of the writer. They are not intended as specific legal advice and should not be relied upon for that purpose. Our practice is in constant refinement as we adjust the way we operate to an ever- changing market. I appreciate your questions, comments, suggestions, and solutions. Contact C. Finley Beven, JD, CPM, CCAM, 99 S. Lake Avenue, Pasadena. (626) 243-4145. FinBeven@msn. com. www.BevenandBrock.com
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DRE 02089053
16 AUGUST 2021 - APARTMENT MANAGEMENT MAGAZINE AMM1/6