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children as subtenants-CA

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children as subtenants-CA

Postby maverickpopo » Wed Jul 03, 2002 8:58 pm

We have recieved an unlawful detainer notice, and our daughter is listed on it. We are going to answer, but my question is, she is on the lease as our child, but had nothing to do with the rental process itself, i.e., income, etc. They don't even have her ss#. However, we don't want this to go onto HER record and ruin her rental history one day-Anyone know about this? Thanks.
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Re: children as subtenants-CA

Postby consigliere » Thu Jul 04, 2002 10:19 am

In many states, the landlord is required to name the occupants it wants to remove from the premises, if it knows the names. In this case, you say that your daughter is named in the lease, so it's not surprising that the landlord would name her in legal papers. If the landlord doesn't know the names of occupants, "John Doe," "Jane Roe," etc. are frequently listed as subtenants or occupants.

It's hard to know if this would appear on your daughter's credit report or on a similar tenant report. On the one hand, especially for a credit report, the landlord doesn't know your daughter's Social Security number. On the other hand, for a tenant report based on landlord-tenant court records, your daughter's name and address would be known.

By the way, how old is your daughter? Is she of legal age (I believe that's 18 in California)? If not, that should be a valid reason to remove her from a tenant report. Even if she is of legal age, if she is not a party to the lease, but merely named as an occupant, this proceeding should not be a part of any tenant report on her.

.
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Re: children as subtenants-CA

Postby maverickpopo » Thu Jul 04, 2002 3:49 pm

Thank you for your answer. However, my concern is that since she is named on the detainer, a search will pull up her name, and since the papers don't specify that she is just a tenant with us, and was not a party to the lease, it will still be a mark against her. She is 19 now, but was only 16 when we moved in. i would just hate for this to affect her when none of this is her fault.
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