Ratification of sublet?

Ratification of sublet?
I moved in with someone (replacing a departing roommate) almost a year ago. In that time, I have written rent checks directly to the management company / landlord (it’s a 4300 unit complex), always the full amount due and if not on time then within the lease-provided 5 day grace period, after which a 5% late charge is applicable. (I have all the cancelled checks.) In now reading the lease, it appears the sublet is improper as we did not involve the landlord/management co. (I’m in the process of rebuilding my credit). Reading a Nolo book, it appears we can be evicted after a ‘non-curable’ 3 day notice to quit because we’re technically in violation of the lease. But given my performance, and the landlord/management company’s cashing of checks clearly written in my name for rent on this unit, can we argue ratification of the modified lease should it become an issue? I don’t care about my situation — I’ll find somewhere else if I have to. But my roommate and her son just want stability, and I’d hate to be the one to cause them to have to move!

One thought on “Ratification of sublet?

  1. Re: Ratification of sublet?
    If you have not received a three-day notice, you may argue that the landlord has waived the term requiring consent to additional tenants. You are not is a ”sub-let” situation. Rather, you are sharing a lease with another. I take it your roommate is the one whose name is on the lease. If you haven’t reveived a three-day notice, I’d consider the matter a non-issue. As long as the rent is paid, there’s no cause for concern.

    Philip Iadevaia
    Law Offices of Philip A. Iadevaia
    12100 Wilshire Blvd., Eighth Floor
    Los Angeles, CA 90025

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