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MT seeks advice about eviction and Policy concerning ST Eviction Process

Discussion in 'Other Residential Landlord & Tenant Issues' started by naiveinsf, Jan 13, 2011.

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  1. naiveinsf

    naiveinsf Law Topic Starter New Member

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    Hi,

    I'm a Master tenant in San Francisco and am having problems with my subtenants. I am the only person on the lease. She moved in last Feb. 2010, and he in July 2010, with no contract signed. We have a 3bd 2bath apartment, they have the master bedroom with private bath and have been paying $1100/mos. since I allowed her boyfriend to move in last July 2010. (Before she was paying $1000/mos. by herself Feb.-March then, $900/mos from March to July, Then $1100 with the boyfriend there.) The total rent for the apartment is $1900, I have been renting the smaller room in the apt for $800/month, henceforth, yes I have been living rent-free and violating the law (which I just found out). She comes to me today and says that she has rights, she can smoke in her room if she wants to (which isn't on my lease which I signed back in July 2009 with my landlord) and says that she knows how much rent I'm paying, which is nothing, and is not happy about it. Can I evict her? I never had her sign anything, or give a deposit, but for the last few months she has been having me sign something saying that she's payed her rent in full and on time.

    I know that she has rights, can she sue me for overcharging her in rent since last Feb? The only thing that she has in writing is our very informal one sentence on notebook paper saying that she has payed her rent on time for the last 3-4 months. I'm feeling totally screwed, I had no idea it was against the law to offset my rent by that much, and now a new roommate has moved in who pays $750/month. So my rent, from Feb. on will be $50/month. I offered to tell her how much rent I pay in total when she first moved in and warned her that I rent out the master bedroom to offset my own rent, she said that she didn't want to know. What can I do if she says, "well, I think that my boyfriend and I should only pay this amount now and we're not paying a dime more."?

    I would really like to evict her, Just Cause being that the lease states that we are not to have more than 3 people live in the apt. (yes I violated that when I said that her boyfriend could move in) and the fact that she and her boyfriend continually smoke in their room, which is filled with cigarette burns in the carpet, despite my many talks with them about smoking outside on the fire escape which is just outside their bedroom door! HELP!! Thank you very much I would appreciate any help or advice that you have. Also, everything in the apartment is mine; furniture, dishes, amenitites, and the like. ( I have provided these because I feel its only fair seeing as though I don't pay rent. ) Thank you for your time, HELP!
     
  2. mightymoose

    mightymoose Moderator

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    http://www.sftu.org/justcauses.html

    Review this list of reasons for eviction in SF.
    You may be able to attempt an eviction under the nuisance clause (smoking). It may not succeed if you make it to court, but simply starting the process and serving papers may be enough to get them to go. They won't want to risk actually being evicted by the court.
    You also could try the option of signing them to a new lease- if they refuse the terms of the new lease then you could evict as well... so long as the new terms are not substantially different than the old. Adding a provision for smoking outdoors would not be a significant change.
     

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