Original Tenant help? (San Francisco, Oakland, Albany: subletting, apartment, rental)

[tessyrose]

My friend has been living in the same apartment with his mother since he was about seven years old in California. This past Saturday his mother passed away, and she is the only name on the lease.

Upon contacting the landlord he was told that the rent will be raised another few hundred dollars, yet they are not going to do any repairs on the place that would justify raising the rent to charge for a hell hole.

Someone mentioned that there was something called an "original tenant" type clause that says since he has been living here since he was a child and through his adulthood so far (he's 25) that he should be able to just resume the lease at the original renting price, and continue on.

Is there any legal right here? Any documentation that show this is correct and true?

[sonarrat]

What city is this in? If it's a rent-controlled town, such as San Francisco or Oakland, the answer may be different.

[tessyrose]

It is in Albany, and to my knowledge it is not rent controlled. I just know that he is trying to obtain the lease at the price his mother was paying for it since he has been living here with her for so long. I am not sure if it would fall under squatting/subletting rights either.

[Ultrarunner]

He wouldn't have a problem if the apartment was in Oakland... Oakland has some very strict Rent Control Laws.

I don't know of anything that would apply in your friends case without reading the current rental agreement...

Albany rents tend to be on the higher side... has he considered relocating?

[sonarrat]

If it is not rent controlled, and your friend is not named on the lease, unfortunately your friend has no recourse. Not only can the landlord raise his rent to whatever he feels like, he can refuse to offer him a lease if they can't agree on the terms.