Evict, Renter in San Francisco, CA

No subtenancy agreement, no deposit, rental check. How do I evict someone who has just joined as a subtenant in an apartment I currently lease?

Asked by Evict, San Francisco, CA Sat Dec 11, 2010

I have leased a three bedroom two bathroom property with another person who responded to my ad on Craigslist.
We are both the lessees of the apartment and have been so for less than a month - November 15 was the sign on date.
We have selected a third roommate as a subtenant. However since he feigned his newly-in-town-with-a-new-job status we let him in good faith. However his hygiene standards are horribly below par and have been documented in photos.
No payments - including deposit, rent or utilities - have been accepted. No subtenancy agreement has been inked or signed on by the lessees. He has been in the house for under 10 days.
How do we evict him?

Help the community by answering this question:


Unfortunately you need to speak with a real estate attorney who specializes in landlord/tenant law. San Francisco is VERY pro tenant and you can cause yourself unending grief if you don't get assistance, even if your heart is in the right place. Contact info is below if you want a couple of referrals.

Best Regards,

Lance King/Owner-Managing Broker
DRE# 01384425
0 votes Thank Flag Link Sun Dec 19, 2010

Please go to the Rent Board at SFgov.org (Mayor's website) and check out their rules. Also do call a reputable real estate attorney (first calls are free.)

Good luck!
0 votes Thank Flag Link Sun Dec 12, 2010
Consult with an attorney, bring the lease that covers your tenancy and any other documents that are available.

So many questions arise - like do you have the owner permission to sublease, did the owner review this new tenant's application, who's responsible for the rent, what promises were made to this new tenant etc. what specific contract was used to lease the property to you, are you the original tenant or master tenant?

You might be able to get advice from the folks at the rent board office on Van Ness. They are knowledgeable and work hard to be fair.
0 votes Thank Flag Link Sun Dec 12, 2010
Jed Lane, Real Estate Pro in San Francisco, CA
Welcome to the rental world's regulatory issues that property owners and landlords suffer known as the San Francisco Rent Board.

As a renter on the lease, you are basically the landlord for your subtenants. You cannot evict a tenant without just cause. Unfortunately, being messy is not considered "just cause." Non-payment is, though, but it seems he may have tried to make the payment, but you didn't accept it.

I highly recommend you seek the advice of an attorney because evictions in SF are MESSY. The tenant can and probably will sue and win.
0 votes Thank Flag Link Sun Dec 12, 2010
The best thing would be to convince him to move out of his own free will... He may not know what rights he has which would be the best case scenerio for you. Tell him it's not working out and he has until X date to move. You should check with the apartment complex as they can tell you the laws for CA and they may be able to assist you in getting him to move out. In FL if he is receiving mail and has any personal belongings in the apartment you legally can not make him move. I would find out your local laws (again the apartment staff should be able to advise). Good Luck...
0 votes Thank Flag Link Sun Dec 12, 2010
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