San Francisco Roommate Eviction Attorney

Laurel Heights Sub Tenant Eviction Attorney

There are two very different types of rental relationships created when a person moves into a rental unit already occupied by others. One type of rental relationship is a roommate relationship. That is where the new person and the preexisting tenant(s) both have an agreement (verbal or written) with the landlord about their tenancy. The other type of rental relationships created when a person moves into a rental unit already occupied by others is that of master-tenant and sub-tenant. That is where the new person has an agreement (verbal or written) directly with the preexisting tenants, not with the landlord.

Master-Tenant and Subtenant

A master tenant in a sublet situation has the same obligations to the roommate that a landlord does to his tenants, including those rights afforded under the local rent control housing ordinances.

In San Francisco, in units subject to the local rent control ordinance, a master-tenant must be provide written notice to a sub-tenant before the subtenant moves in of 1) the total amount of rent paid to the landlord by the master-tenant and 2) that the Just Cause provisions of the local rent ordinance do not apply to the sub-tenancy. If the master-tenant fails to give these notices, she may not be able to evict her sub-tenant, except for one of the reasons set out in the rent ordinance.

Therefore, if you are a sub-tenant and have been served with a notice of eviction, you should contact our office right away so we can help you evaluate your situation and your options.

In addition, there may be restrictions in a tenant's lease or rental agreement regarding sub-letting of the unit. A tenant should check her lease before doing so and talk with a lawyer if she has questions.

For a free telephone consultation with a tenants' rights attorney about your rights as a sub-tenant, call (415) 673-6000, or contact us online.

Roommates

When two or more people live in the same unit and have a rental relationship directly with the landlord, they are roommates and have equal rights to live there. This is true regardless of who has lived there longer. A roommate cannot evict other roommates. If a problem arises, only the landlord can evict a roommate in a roommate rental situation.

For a free telephone consultation with a tenants' rights attorney about your rights as a roommate, call (415) 673-6000, or contact us online.

We can help assess what rights you have. Time is of the essence, so the sooner you contact us about a potential attempt by your roommates to evict you, the sooner we can help start protecting you

For more information about these eviction issues or any other landlord-tenant problems you may have, contact the Law Offices of James Coy Driscoll. Our eviction defense lawyers can help you stop your eviction proceeding.