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Old 06-07-2012, 01:00 PM
 
54 posts, read 111,899 times
Reputation: 78

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Hi all,

I was hoping someone with a better understanding of the SF tenant laws than I do could help me out. Here's my situation:

I've been living in a two bedroom apartment for over a year now. I have one roommate who is the lease-holder. She was living in the apartment before me with a different roommate, and when her roommate moved out I filled the open room. Like many roommate situations in SF, I myself am not on the lease, and I'm not even sure if the landlord knows I've been living in the 2nd room or not. I do not have any sort of written, signed agreement with my roommate. I have just paid her directly for 1/2 the cost of the apartment and she cuts the check for the full amount to our landlord. She also still has my initial deposit of 1.5X rent I paid upon move-in.

Anyway, yesterday she tells me that she wants me out no later than August 1 (so a little less than 60 days). At this point I don't get along with her anymore so leaving is the best option - however, given the state of the rental market, I'm concerned I might not find another affordable place to live in that amount of time. What I pay now is of course far, far less than the current market rate for an apartment. So my questions are:

1. Can she force me out by any specific date? I'd like to stay as long as it takes to find a new place.
2. When must she return my deposit? To be frank, I'm concerned with her ability to return my deposit in a timely manner. Lets just say I am not very "liquid" and if I want to put a deposit down on a new place, it would be very, very helpful for me to get my old deposit back first.
3. Generally, what advice do you have to best protect my interests here?

Not trying to whine here and not looking for sympathy. Just want to know what my options are (if any). Thanks so much!
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Old 06-07-2012, 02:04 PM
 
Location: Bay Area
3,966 posts, read 8,133,599 times
Reputation: 4624
Quote:
Originally Posted by 7x7er View Post
Hi all,

I was hoping someone with a better understanding of the SF tenant laws than I do could help me out. Here's my situation:

I've been living in a two bedroom apartment for over a year now. I have one roommate who is the lease-holder. She was living in the apartment before me with a different roommate, and when her roommate moved out I filled the open room. Like many roommate situations in SF, I myself am not on the lease, and I'm not even sure if the landlord knows I've been living in the 2nd room or not. I do not have any sort of written, signed agreement with my roommate. I have just paid her directly for 1/2 the cost of the apartment and she cuts the check for the full amount to our landlord. She also still has my initial deposit of 1.5X rent I paid upon move-in.

Anyway, yesterday she tells me that she wants me out no later than August 1 (so a little less than 60 days). At this point I don't get along with her anymore so leaving is the best option - however, given the state of the rental market, I'm concerned I might not find another affordable place to live in that amount of time. What I pay now is of course far, far less than the current market rate for an apartment. So my questions are:

1. Can she force me out by any specific date? I'd like to stay as long as it takes to find a new place.
2. When must she return my deposit? To be frank, I'm concerned with her ability to return my deposit in a timely manner. Lets just say I am not very "liquid" and if I want to put a deposit down on a new place, it would be very, very helpful for me to get my old deposit back first.
3. Generally, what advice do you have to best protect my interests here?

Not trying to whine here and not looking for sympathy. Just want to know what my options are (if any). Thanks so much!
I just found this info for you...unfortunately, from the way I'm reading it, you don't have much say so on the situation since you were never added to the lease and don't have a relationship with the landlord (i.e. "subtenant"). It looks like they have a hotline so you might want to give them a call just to make sure. Good luck!

Tenant Info: Basic Subletting
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Old 06-07-2012, 02:18 PM
 
54 posts, read 111,899 times
Reputation: 78
Hi, clongirl. Thanks so much for the link. From the website it says:

"Question: I am a subtenant. Can the master tenant evict me?

Make sure you're really a subtenant and not a co-tenant. What is your relationship with the landlord? Have you ever paid rent, requested repairs or filled out a credit application? You may want to call our counseling hotline (703-8644, Monday through Thursday, 1-5pm) to clarify your status. If you really are a sub-tenant, the master tenant can evict you with no just cause (if you moved in before May 25, 1998 or after that date if s/he waived your right to just cause in writing before you moved in) or with just cause, following proper eviction procedures at Municipal Court."

I never received anything in writing that "waived my right to just cause." So the way I interpret that is that she can't evict me without just cause. And the fact that we have a personality conflict (and nothing further) isn't just cause, right?

In any case, I will call that hotline...thank you!
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