Make sure subtenant signs rental agreement with owner

Q: I rented a house on a one-year lease. Since the rent was more than I could afford, I rented a room to a guy I knew from work. We had a verbal month-to-month agreement. Last week, I learned he died in an car crash. What can I do with his belongings and what happens to the rent I was expecting? A: Although too late now, the better practice for both you and the owner would have been to have your subletter sign a direct rental agreement with the owner.

In that case, the subletter would have been the owner’s tenant and the owner would have to deal with the impact of his death. Instead, the subletter was your tenant, and you were his landlord, which places the responsibility on you to deal with his death.

First, his death terminates his tenancy and extinguishes any future duty to pay rent 30 days after he last paid. The legal responsibility for the last 30 days falls on his estate.

You will be immediately responsible for the full rent due under the lease since he was never a signatory to the lease.

As the subletter’s landlord, you have a duty to protect any property in the house that belonged to him. If you can locate a next of kin or some other representative for him, you can seek payment of the last 30 days of rent and send a notice of abandoned property to that representative.

The complex procedure for dealing with abandoned property is detailed in California Civil Code Sections 19831984. Copyright 2012. Project Sentinel. (650) 960-0495 ext 15; Fax (408) 720-0810. Mediation Program — Project Sentinel, 298 S. Sunnyvale Ave., Suite 209, Sunnyvale, CA, 94086. www.housing.org. The Chronicle and Blockshopper San Francisco scour the Bay Area to find what range of properties renters can get for their money. This week What You Can Rent looks at homes in the $4,100 range. Beds: 1 Baths: 1 Square footage: Approx. 1,200 Price: $4,000/mo. Offered on a 12-month lease, this pristine top-floor apartment is in a beautifully preserved 1939 Art Deco building designed by noted architect Arthur J. Laib. The space offers fine finishes and period details along with modern amenities such as a mirrored fireplace, Sub-zero refrigerator and Miele dishwasher. From its vantage, the apartment offers breathtaking southeasterly panoramic views. The open layout includes a dining room, family room and a nook perfect for a home office. Other highlights include hardwood flooring, curved cabinetry, authentic plaster moldings and antique mirrors. Parking for one vehicle and an additional storage space are included. Leasing agent: Susan Morris, Mcguire Real Estate, (415) 259-1244. smorris@ mcguire.com