Eviction Defense No lease, but tenant wants to evict a sub tenant

[ianaam51]

I sublet a room in a house in San Francisco from a tenant on Craigslist. I never signed a written lease. After living there 5 months and paying the rent on time, the tenant now says I need to vacate my room in 30 days. The tenant that rented me the room is not the owner of the property. I believe that the owner of the property found out that his tenant was subletting without his permission and instructed his tenant to get rid of me. That is a guess.

I am having a difficult time in finding a replacement room in the 30 day notice period. What are my rights? Can I extend the eviction period? I do not want to stay when I am not welcome. But I think I need more time to find a new place to live and would like to know my legal rights in case I can not find a new place within the next 30 days.

What are my options?

Thank you very much for any help or guidance you can provide.

Howard

 

[army judge]

I sublet a room in a house in San Francisco from a tenant on Craigslist. I never signed a written lease. After living there 5 months and paying the rent on time, the tenant now says I need to vacate my room in 30 days. The tenant that rented me the room is not the owner of the property. I believe that the owner of the property found out that his tenant was subletting without his permission and instructed his tenant to get rid of me. That is a guess.

I am having a difficult time in finding a replacement room in the 30 day notice period. What are my rights? Can I extend the eviction period? I do not want to stay when I am not welcome. But I think I need more time to find a new place to live and would like to know my legal rights in case I can not find a new place within the next 30 days.

What are my options?

Thank you very much for any help or guidance you can provide.

Howard

He can tell you to leave within 10 minutes.
The owner can shorten it to 2 minutes.

That's not an eviction.
It's simply a request.
You can choose to leave, or simply ignore his request without response.

If either of them want you evicted, they give you a 60 day notice in your state, and they wait.
On the 60th day, you are still there.
Now they must start the actual eviction process.
That takes anywhere between 45 to 90 days longer, give or take.
A hearing is eventually held.
The judge decides to issue an eviction order against you.
That gives you another 5 to 10 days of free rent, and time to save more money.


In the scenario you've described, your roomie probably can't evict you.
If you really want to play games, pay no rent while you're playing to save money for your next squat, let your roomie pay for you. Why not, huh?
Dude tried to screw you over, so you can use his stupidity against him.
Besides, he pocketed money from you, which he didn't deserve.
Don't pretend to know anything, pretend you're scared.
Show up in court, if he tries to evict you, and challenge his ability to bring an eviction as he's simply your roomie.
They tell me that's great sport, because the 60 days start all over again, and you're shacking up rent free.
You get more time while the dummy pays your way and his, meanwhile you're saving lotsa money. Yeah, peeps be saying that's great fun.



Evicting ain't easy, player.

In SFO, it's even better for the tenant.
Read all about it.


http://www.sftu.org/evictflowchart.pdf


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

 

[mightymoose]

It sounds like he is more than your roommate. He is the master tenant and you are a subtenant. It is the same as if he is the landlord and you are the renter. Either as the master tenant or as the landlord's agent, he can bring an eviction against you. As noted, an eviction could take some time and your 30 day notice had no force law.
However, if you are the only subtenant it is possible that you could be removed after 30 days under Penal Code 602.3 for trespassing. No court, no judge's order, just a boot in the butt. You may be rolling the dice if you try to drag this out.
If you need a little more time try asking for more time. It is much safer for you that way.