
Understanding Landlord Security Deposit Disputes What are the common landlord…
In California, a tenant (or roommate) who pays another tenant to live in a room or rental unit isa subtenant. The person the subtenant pays rent to is the master tenant. The master tenant rents the residence from their landlord under a written or oral contract and collects the rent from the subtenant.
Roommates/housemates who have equal rights in their relationship with the landlord are co-tenants. Co-tenants have a direct relationship with the landlord and pay rent directly to the landlord.
Is the lease in writing?
Subletting is not automatically illegal; it is only impermissible if there is a lease prohibiting it. In San Francis-co, even if the lease expressly prohibits subletting or assignment, and/or places limits on how many people can occupy the property (most rental agreements, including SPOSFI’s, do), the Rent Ordinance generally allows tenants to replace departing roommates or to increase the number of occupants living in the unit. However, when there is a written lease agreement prohibiting subletting, San Francisco tenants and landlords need to follow procedures and a specific timeline to get the landlord’s approval for the new occupant(s).
Steps for tenants
Tenants with leases that prohibit subletting must seek landlord consent by:
Steps for landlords
Landlords may reasonably deny the subtenant when:
Creditworthiness is not a basis for denial, since the subtenant will not be paying rent to the landlord.
Is the landlord being unreasonable?
If the landlord denies the tenant’s request for a sub-tenant, the tenant may file a petition with the San Francisco Rent Board for a rent reduction, or may use the denial as a defense against an eviction for breach of lease if the new occupant moves in.
Unapproved occupant
If a tenant has moved in a new occupant in violation of the lease, the landlord may serve the tenant with a written Notice of Violation and allow 10 days for the tenant to cure the violation before proceeding with an eviction. To cure the violation, the tenant can either a) begin the proper 14-day timeline procedure, or b) remove the unapproved occupant.
Rent increase with additional occupant(s)?
Rent increases are not allowed solely for adding an occupant. However, the landlord may petition to raise the rent if it can be shown that the new occupant has resulted in increased operating expenses. The landlord may also be entitled to increase the rent to market rate when all original tenants have vacated the unit, pursuant to the Costa-Hawkins Rental Housing Act.
Master tenant leaves; what next?
If the master tenant vacates, and assuming the remaining subtenant or subtenants have no landlord contact, subtenant rights are dependent upon the master tenant’s rights.
If the remaining occupants are unapproved subtenants, the landlord may potentially evict unapproved subtenants under Rent Ordinance §37.9(a)(7), which articulates a just cause allowing a landlord to evict holdover subtenants if “the tenant holding at the end of the term of the oral or written agreement is a subtenant not approved by the landlord.”
A landlord hoping to regain possession or in-crease the rent to market rate should NEVER acceptor demand rental payments directly from a subtenant. The relationship is between the master tenant and the subtenant, not the landlord. Acceptance of funds from a subtenant may create a tenancy relationship despite the absence of a lease.
Ask for help
Consider the long-term costs of tenant/subtenant eviction and the proper legal grounds for pursuing eviction. What are the procedures and notice requirements for eviction? Could there be a buyout option? The law relating to subletting in San Francisco is complex. Landlords navigating San Francisco rentals should seek the guidance of qualified legal counsel.
Landlord-Tenant Solutions in California is the landlord’s guidebook on the best approaches to managing rental property. Learn how to avoid the typical obstacles that landlords face, how to resolve disputes in the most peaceful manner and how to save money on litigation.
Steven Adair MacDonald has written a practical, easy-to-read book for landlords and tenants. His book combines years of litigation practice with helpful advice on how to avoid and resolve disputes in rental relationships. The ‘solutions’ are extremely valuable for anyone involved with this heavily regulated business of landlords and tenants. (Hon. Harry Low, Justice, California Court of Appeals (Ret.)). A sensible, readable, common-sense roadmap through the land mines most owners will have to navigate at one time or aother. (John H. O’Reilly, Esq., Chair, Real Property Section of Bar Association of San Francisco). Comprehensive but also concise, solid and readable: equally useful for lawyer and layman. (Hon. William A. Newsom, Justice, California Court of Appeals (Ret.)). Everyone who owns rental property should read this book. (Randy Shaw, Esq., Executive Director, Tenderloin Housing Clinic). A very good summary of the legal issues facing a California landlord, combining legal and practical business advice. — Professor Myron Moskovitz, Author, “Tenants’ Rights” — –Professor Myron Moskovitz, Author, Tenants’ Rights
Whether you're dealing with a landlord-tenant dispute or addressing a real estate concern in California, our San Francisco real estate attorneys are here to protect your rights.
If you’re dealing with evictions, eviction defense, landlord-tenant disputes, property owner disputes, HOA & TIC disputes, and other real estate concerns in California, our San Francisco real estate attorneys can help!
Call Steven Adair MacDonald & Partners, P.C. at 415-991-6078 to schedule a consultation and get legal help for your real estate issues in San Francisco and the Bay Area from our Bay Area real estate attorneys today!
Understanding Landlord Security Deposit Disputes What are the common landlord…
Navigating the Landscape of Commercial Leasing Commercial leasing for businesses…
Tired of Neglected Common Areas? Know Your Tenant Rights! Does…
“The truth is, 99 percent of cases do not go to trial. The two sides eventually come to an agreement and settle. We know this from the thousands of cases we have handled. Therefore, we critically analyze our client’s situation to see if we can help them find an agreement earlier rather than later. The difference will mean enormous savings in time and legal fees.
We will do everything in our power to successfully resolve your landlord-tenant case or real estate dispute in as little time as possible. We have the resources to take on complex real estate cases and the size to keep you from becoming more than just a case file.”
There are two sides to every story —
let yours be heard.
Steven Adair MacDonald & Partners, PC
870 Market Street
Suite 500
San Francisco, California 94102
United States
(415) 956-8698
Copyright © 2021 Steven Adair MacDonald & Partners, PC - All Rights Reserved. | Powered by Advantage Attorney Marketing & Cloud Solutions