subtenancy

[firegirl]

I am a the only original tenant on a rent controlled apartment. A few months ago I rented a room to someone, who has a SubTenant agreement with me and my landlord. I realize that it's not going to work out to live together: his sense of space is different, he is pushy with the landlord which puts pressure on my relationship with the landlord, and I just found out he is allergic to animals and I was planning to get a cat and a dog. (the landlord has told me I can) What are my rights and responsibilities with regard to my subtenant? I read somewhere that I am considered his landlord. We had a verbal very loose agreement to begin with, that if things came up we are both adults and could work them out. Now I feel strongly that I dont' want to work anything out, I just want him to move. He is the type that might try some legal move if he could. I would like to know how to best handle this situation,and how to make it as graceful a transition as possible.
Thanks
Firegirl

 

[mee]

where do you live?



<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by firegirl:
I am a the only original tenant on a rent controlled apartment. A few months ago I rented a room to someone, who has a SubTenant agreement with me and my landlord. I realize that it's not going to work out to live together: his sense of space is different, he is pushy with the landlord which puts pressure on my relationship with the landlord, and I just found out he is allergic to animals and I was planning to get a cat and a dog. (the landlord has told me I can) What are my rights and responsibilities with regard to my subtenant? I read somewhere that I am considered his landlord. We had a verbal very loose agreement to begin with, that if things came up we are both adults and could work them out. Now I feel strongly that I dont' want to work anything out, I just want him to move. He is the type that might try some legal move if he could. I would like to know how to best handle this situation,and how to make it as graceful a transition as possible.
Thanks
Firegirl<HR></BLOCKQUOTE>



[This message has been edited by m martin (edited July 31, 2000).]

 

[firegirl]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mee:
where do you live?


San Francisco
<HR></BLOCKQUOTE>

 

[Tracey]

Visit the local landlord/tenant association. If you have no written sublease with T, you can give him 30 days written notice to termiate the sublease & then evict him if he doesn't leave. If the sublease is for a specific term, you have to wait until it expires, or find some way to toss him out for breaching the lease. You may not be able to get a pet if your subtenant is allergic, since that could be construed as making the apt "uninhabitable" for him. (If it just makes him miserable, that's fine. You only have to worry if his allergies threaten his health.)

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[Arcadis]

I am in a similar situation (want roomate - who is not on the lease - to go away and leave us in peace), but the trick with this is that he paid rent directly to the landlord, which makes him a co-tenant (per SF housing law), which means only the landlord can give the 30-day notice (co-tenants cannot give notice to one another). Check your situation, did this person pay rent to you directly or to the landlord (It makes a huge difference in getting him out). Just food for thought. Also check out the site \\www.sftu.org for more legal info. Good Luck!
Arcadis