Deep breathes...

[Ocean_Beach_Dweller]

I've been living in my current place since August. I rent a room in a flat and have 2 roommates, and I pay rent to 1 of the roommates who has been living here for 6 years. Well the landlord stopped by today and was surprised that myself and the other roommate live here, because the roommate i pay rent to and his sister are on the lease and it states in the lease that he is not allowed to sublet. So she was really upset and threatened to evict all of us! Also, she was giving the 6 year roommate a really good rate on rent, but he was charging me and the other roommate high rent, thereby subsidizing his own rent(we pay 650, and 750 a month each, he probably only pays like 100 a month since we pay so much) I don't so much care that he was overcharging us, since that is still a good price for San Francisco, but I am upset that he sublet to us when he shouldn't have.

Now we could all be evicted as soon as she wants, because I didn't sign a lease with her so she doesn't need to give me a month notice, so I'm kind of freaking out because it took me a month to find this place and I could have as a little as a few days to find a new place now, not to mention all the packing.

I'm hoping her anger will decrease and maybe they will work something out, but since I haven't talked to him at all today I don't know whats happening. I'm not even sure if he knows what happened yet since he wasn't here when she came by. Sorry to vent on here, I know I don't post much but i'm driving myself crazy just sitting here alone worrying about it so I had to let it out somewhere. If anyone has some tips on how to find a room or apartment fast, those would be appreciated as well.

[Russ]

Dang that sucks. Have you checked Craigslist in you area?

[dcompton]

No tips, but I was in that situation about a year and a half ago. I was renting half of a small duplex, on a month by month lease - it's what the landlord offered, and I accepted, so that I could leave easily if I found I didn't like it. All went well, until he appeared one day when I had been there almost a year, terribly apologetic (he was really a nice guy) - he had a pregnant granddaughter - he didn't look happy about that - who needed the place. Like almost immediately. I moved in a couple of weeks to truly the only acceptable apartment available. I have never had so little choice when moving. So I know the panic you're feeling.

I would hope that she would give you at least a little time and not evict you instantly since obviously the responsibility for the lease violation is his and you have not done any damage to the place. Still, she would be within her rights to ask you to leave at once.

All I can offer is best wishes. Keep us posted on how this is going.

[mauimagic]

Keep us informed and get looking - see what is available!! Do something!! Keep your mind from creating stories!! We care!!

[Vanilla]

I have a few questions.

1. Unless there is an emergency, landlord needs to give tenant 24 hrs notice to enter the rental place. Did she give notice & obtain permission from your friend (the one who signed the lease agreement to her) to enter?
2. Did she or your friend show you the original lease agreement? Did it state how many people can live in that place?
3. It needs to be in written notice if she wanted to evict all of you, & if you don't move out by the date, she can file a claim w/ the sheriff dept to get the sheriff to evict tenants, that can take a few days to a week.
4. Who told her that you & your roommate pay rent to your friend?
5. Do you have a signed rental agreement w/ your friend? If so, your friend has sublet the place to you two. If not, there is a grey area.

If the lease agreement stated no sublease, then your friend did wrong. But I think the landlord tried to intimidate you all.

She has rented the place to the same tenant for 6 years, there is a maximum rate increase (4%, I think) each year, the rental price goes up & she is finding a reason to evict the tenants so that she can rent it out at a higher rate; or she wants to sell the property, if the property is vacant, she can sell it at a higher price.

Having said all that, it is better that you start looking for a new place & start packing, just in case.

I wish you good luck.

[WV_mom_of2]

I would be looking as hard as I could immediately. YOU did nothing wrong but your friend did and that is who she has the lease with. She has every right to evict all of you if she chooses. I wouldn't wait, I'd be out looking now. She can choose to give you a few days or not and you don't want to be stuck with no place to go! Good luck!

~Also, did you give your friend any kind of security deposit when you moved in? If so I'd demand that back if and when you move! He illegally rented you a room and if you have to move he owes you that money back!~

[Ocean_Beach_Dweller]

Thanks everybody, you guys are great! I'm a little calmer today, theres actually a lot available on craigslist, its just finding the time to go look at the places.

She did give us notice, my roommate said she was coming, so apparently he didn't know he wasn't supposed to sublet, otherwise I guess he would have told us to not be here when she arrived. He and his sister are the only people on the original lease and his sister no longer lives here. I haven't seen the original agreement but he said they have always had 3 people living here even though only 2 are on the lease, so maybe the issue was that his sister moved out and didn't tell the landlord?

I finally got to talk to my roommate who signed the lease with her, and he says she can't kick us out because there is a law in SF that landlords have to allow subletting because if they don't it would be considered a rate increase(if someone left and you were stuck paying their share because you couldn't sublet) He also said what you said, Vanilla, she hasn't been able to increase the rent as much as she'd like because he's been here for 6 years so she was probably looking for a reason to evict him.

He said not to worry about it, and there hasn't been a written eviction order or anything, but it still seems a bit unstable here. I don't know rent law that well, and it's uncomfortable staying somewhere when I know the landlord doesn't want us here, so I'll probably keep looking and at least it seems like I have a little more time now.

The only thing i'm worried about is that I did pay first and last months rent when i moved in, and I want that last months rent money back if i need to leave earlier than planned, hopefully i can work that out with my roommate.

Thanks again everyone!

[Imarachne]

Gosh--I wish you all the luck in the world. Once my husband and I rented a nice trailer in a nice park and paid faithfully each month but unknown to us, the owner wasn't paying the note on the trailer and came one day to announce we had to leave because the finance company was coming in TWO days to take the trailer !Needles to say, I understand . !!

[dcompton]

I'm glad you seem to have a little breathing room. But I'm also glad your're going to look around for something else. This will never be as comfortable as it was, now that this has happened. I hope a real plum of a place will turn up for you - and that you can get your money back.

If nothing else, you've learned a few more questions to ask before renting a place, ones that I would never have thought of, but it's been an unpleasant way to get the information.

[Vanilla]

I could be wrong, but my understanding is:
Last month rent means exactly like that. Let say you give notice that you will be moving out on April 30th, 'the last month rent' you paid when you moved in will be applied for the month of April, you don't need to pay rent on April.
But if there is a security deposit, tenant is not supposed to use security deposit as part of the last month rent payment.

[Debbie-cat]

I am glad that you have a little more breathing room. I hope things work out for you.

[shoiji]

Hope everything works out.

When I was living out of state and getting ready to move back I actually found a place to live by calling a library right in the town I moved to.