New lease/same tenant

[John68]

I moved in to a house in San Francisco, CA, 2 yrs ago, and H had primary lease, and another roomate lived here also (not on lease). H is now moving out (several other roomies have come and gone), we are on month-to-month lease, and I was going to sign new lease but property managers are playing games. They want to increase the rent from $1950 to $3000, but originally told me $2500 and that I had to sign lease right away or move out by the end of July when H is officially off the lease. Problem is, that rent will be unaffordable to new roomates, and exorbatant for me since I have been paying less than $700/month. Question is - since I am not on the current lease (with 2 other non-lease roomies) do we have to vacate the house when H is out (end of July) or does the property manager have to legally evict us with a 30-day notice? Also, isn't it illegal to throw us out to increase rent in San Francisco, where there is rent control? The other problem is that the home owner is overseas, and the property manager will not let me speak directly to the home owner - and keeps changing his story about the rent price, when we have to leave, and is being less than honest in this situation. What are my legal rights, and how can I deal with this so that I don't have to move out at the end of July.....
Thank You - all advice is greatly appreciated.

 

[Tracey]

Contact the local tenant's association or legal aid society. You need to find a California statute or case (or parragraph of the rent control ordinance) that says that if L knows A & B are living in an apartment, & accepts rent directly from both of them, then both are tenants, regardless of whether 1 or both are on the lease. Alternatively, you might find a law that imposes a L/T relationship even if A pays B & B pays L, as long as L knows A lives there & is paying rent.

Check H's lease also, to see if if declares that anyone living there is a tenant. If so, you win & L can't raise the rent beyond what's allowed by law. L can't have it both ways!

You are correct that L has to evict you by court process to force you to leave. However, if L wins, you end up paying L's costs & attorney fees & having to move anyway.

Research the law, wave the statutes under L's nose, & demand L let you sign the lease under the same terms as H.

Good luck

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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.