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To keep a long story short, I have been subletting a rent controlled apartment in West Hollywood, CA for . 4 and a half years. I have always paid rent on time, and I pay 93% or so of the total monthly rent for the apartment. This month, the master tenant came and picked up the rent about 7 days into the month, this isn't unusual for him to do so. Today, I opened my front door to find a 3 day Pay or Quit notice on my door.
The notice was addressed to the master tenant and all other occupants.
I thought that although difficult if I made the rental payment for the full apartment together for October directly to the landlord of the property, it would be fine and I could collect from the master tenant later on. Although after doing so and taking cashiers to check directly to the office as stated on the three-day notice, I was turned away and told I could not make the payment.
I emailed the master tenant asking him if he was planning on keeping my money that I paid him for October’s rent which he replied, “I had to use that money to pay for the electric bill, and other various expenses” to which he claimed I owed him for.
Fast forward to the 26th of November, and I received a new 3-day notice, this time the owner of the property included my name on the 3 Day Notice along with the Master Tenant (their lessee), surprised by this considering they denied my payment to cure the October 3 day I called the owner for clarification, they said, "Yes there was some confusion about that last month, but that I would be able to cure the 3 day notice." So considering December was right around the corner (today!) I said, "If I were to pay the back rent owed could I then make payments to them going forward?" They replied that "No, I would have to wait every month to receive a 3-day notice, to which then I could cure it."
A couple things to note: The difference in the rent I have an agreement with the Master and the rent for the entire complex is only about $200 which is manageable for me.
I am wondering what my rights are in terms of legalities.
How can the owner of the property, name me as someone on the 3-day notice and allow me to cure the back owed rent owed to them by the Master but, going forward I would have to wait until it is breached again? '
Frankly, That seems ridiculous and illegal. Also, it is my understanding that if the landlord evicts the tenant they have to wait a specified amount of time before they can raise, and rerent the property to someone else.
If they have seen that I am able and willing to pay the rent and have been for 4 years now what stake do they have to evict and let the property sit vacant for 12 or 24 months?
I feel like they will consider me a tenant when and only when I am paying for late rent, leaving me in a highly unstable situation.
If they do move forward with an eviction and I am willing to pay them but only if I get the same rights or can take over the current lease what are my rights at the very least being the one who has paid for all this time?