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Old 07-17-2015, 01:39 AM
 
2 posts, read 1,603 times
Reputation: 10

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I am a subtenant, I signed a sublease agreement of 3 months with the tenant who is temporarily on vacation for 3 months out of state. The master lease goes till June 2016, And I am aware that according to the master lease, he is not allowed to subletting the apartment.
In my sublease agreement with the tenant: I clearly states that the tenant can not unilaterally terminate the lease unless given a 30-day early notice. and I have stayed in the house for about 40 days till now as my only residence in the city.

Last night, I found a paper work slipped under my door from landlord saying she found someone staying, and since the tenant has told her he will not sublease, she "naturally" believed that I am a trespasser, and threatened to call in police to evict me out in 2 days.


I am aware that I am not in a good position, and just wondering if I am entitled to any rights justify my stay in the house. I have googled situation like this, and someone noting that the landlord can not evict me like this, she can only follow the legal procedures to evict me (do i have to be given the proper eviction procedure as if it would be if i were on the lease and how long it will take?), or she has to deal with the tenant first, either revoking their lease agreement or what before evicting me.

Is there anything I can do? I am desperate, many thanks!

Last edited by poorsubtenant; 07-17-2015 at 01:54 AM.. Reason: adding detail
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Old 07-17-2015, 09:18 AM
 
10,920 posts, read 6,915,650 times
Reputation: 4942
I'd recommend getting in contact with someone from the SF rent board ASAP: San Francisco Rent Board : Home

They will do a much better job at helping you than anyone here can.

Realistically, you likely won't be thrown out in 2 days, but your situation doesn't look good no matter how you slice it.
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Old 07-17-2015, 10:44 AM
 
13,711 posts, read 9,238,960 times
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You best bet is go to the SF Tenants Union for legal advice, they accept small donation (usually $20).

But your situation is not good, you may be a able to stall for time but start looking for a new place asap.
.
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Old 07-17-2015, 11:04 AM
 
10,920 posts, read 6,915,650 times
Reputation: 4942
Quote:
Originally Posted by beb0p View Post
You best bet is go to the SF Tenants Union for legal advice, they accept small donation (usually $20).

But your situation is not good, you may be a able to stall for time but start looking for a new place asap.
.
Link from Beb0p's suggestion: San Francisco Tenants Union | Fighting For Tenants Rights Since 1970

Counseling link from SF rent board page: http://sfrb.org/index.aspx?page=10#counsel
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Old 07-17-2015, 02:16 PM
 
2 posts, read 1,603 times
Reputation: 10
I am overwhelmed by your guys' help and suggestion, I will definitely check Tenant Union this afternoon
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Old 07-18-2015, 11:40 AM
 
1,021 posts, read 1,665,943 times
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your best course of action would be to contact the landlord and make arrangements to vacate maybe she will give you some time to move. You don't want to be evicted you will find it very hard to rent again with an eviction.
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