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Moveout, Other/Just Looking in San Francisco, CA

Scary subtenant won't move out after 30 day notice. Help!

Asked by Moveout, San Francisco, CA Sat May 9, 2009

I have a subtenant who is not on the lease. He is a violent, scary person (although it would be difficult to prove since he hasn't laid a hand on me and there are no police reports). He has admitted to taking his anger out on my dog. I sleep with my doors locked. I want him out. I am the master tenant, and my landlord doesn't know he has lived here. After staying at my place for only one month, I had him sign a 30 day notice. He didn't move after 30 days and does not plan on leaving. What are my options? What are his rights? Is that 30 day notice even valid?

My lease is up in a couple of months...by default is any "sublease" then terminated? If so who will remove him from the residence? I would love to stay in my apartment.

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Is there some magical law in SF that protects trespassers or am I missing something?

Maybe you are right, Jed. It is different hereâ„¢.
0 votes Thank Flag Link Sun May 10, 2009
John the Fing Bruce jees NCAA. This is San Francisco! (NCAA = No Clue At All)
0 votes Thank Flag Link Sat May 9, 2009
Jed Lane, Real Estate Pro in San Francisco, CA
MVP'08
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Tell him to leave. If he doesn't, call the police. Since he has no legal standing to be there it's simple trespassing and they will remove him.

As you said, he "is not on the lease."

I would beef up your security plans prior to this as it sounds like he might return after this episode.
0 votes Thank Flag Link Sat May 9, 2009
Like Jed said, talk to the rent board, but I think you need a real estate attorney. A good very good one in fact.

You might be able to get him out with a trespassing violation.

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0 votes Thank Flag Link Sat May 9, 2009
This is one of the many bad things that can happen when people go through life not being on the up and up. There are many problems and pitfalls for you right now and really really the most important thing for you to do is contact an attorney. Try the rent board and see if they can help you but do not do anything eles till you get legal advice.

Next time have the landlord's permission to sublease or take on roommates. Then it becomes his responsibility to screen the tenant and they have a little recourse.
0 votes Thank Flag Link Sat May 9, 2009
Jed Lane, Real Estate Pro in San Francisco, CA
MVP'08
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