Most landlords have a clause either prohibiting assignment or subletting or limiting it under special circumstances.
Landlords will serve a notice 6.14 to allow any rent increases to avoid further rent control on revolving tenancies from subleeasees.
Roommates/mastertenants will serve a different notice called 6.15 to allow them to kick you you or evict without cause thus avoiding the eviction control under SF Law imposed on all SF landlords.
A lot depends on whether these notices were served correctly and timely and on each and every situation (there are a lot of different situations).
As most everyone knows, Realtors are not attorneys and cannot give legal advice.
Realtors, with property management experience (like myself), can only give practical advice without making interpretations of the law.
I feel that it's important that any transaction dealing with the complicated and Voluminous Rent Ordinance (SF Admin Law 37.9) should be handled with an experienced individual.
Peter T. Chin Realtor #01866332
"Automation of the entire real estate process"
NMLS # 6395
Financing Kentucky One Home at a Time
Why is the person subleasing if it is not OK in the contract to do so?
If it's not clear, ASK THE LANDLORD ... and not risk being "asked to leave unexpectedly".
It's even possible you all get evicted if the lease prohibits subleasing but that is up to the discretion of the landlord, on the other hand, you can sign your own contract with the landlord if everyone
Helen Yuen, Land & Property Investments, Inc (415) 469-0577 email@example.com
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