evicting a subtenant - San Francisco

[supergirl49]

Hi, I'm in san francisco, ca and on a master lease agreement for my apartment. I took in a renter who pays their rent directly to me. This renter has caused nuisances with noise, fighting, and overall disturbance of comfort for both myself and the neighbors. He is not on a lease, and he has only been there for a week. Can I kick this person out? How do I do it - do I have to give 30 days notice? Someone please help...

 

[jacksgal]

How do they pay rent? Weekly or monthly? Do you have a lease between you? If so what does it say? You can also use the link below for help


http://www.dca.ca.gov/publications/landlordbook/index.shtml

 

[CdwJava]

He is not on a lease?

You have a problem.

Since he has apparently paid you for rent, he would appear to be your tenant per a verbal contract. Since he paid you, he no longer what we refer to as a "gratuitous guest" and has cannot be summarily booted by the police, either. And as there is no lease or rental agreement to be enforced, i becomes even hairier. This arrangement may also violate the rules of your lease with YOUR landlord. I doubt that your contracted lease grants you the right to subcontract with additional tenants, but maybe it does.

In CA the only way you will likely be able to evict him will be for YOUR landlord to evict you both. Your landlord may then choose to permit you to re-apply and then sign a new lease agreement with you, but if he goes through the eviction effort to get rid of your guest, I wouldn't count on his allowing you back.

I would recommend that you simply take no more money from him, give him a specific move out date, and then hope he takes the bait and leaves.

- Carl

 

[mannymandy]

ask

Is subleasing permitted by your LL?
You can do nothing except to verbally ask him to leave.