Jim Rudoff

First, property ownership information is a matter of public record, generally speaking. Any Realtor can help you find at least some information about the owner in just a few minutes, or you can do your own research at the City.

Secondly, if you feel that you are paying a disproportionate amount of rent, you also have recourse. See this article on the Rent Board Web site:
http://www.ci.sf.ca.us/site/rentboard_page.asp?id=56159

According to the article, you may have the right to know the total rent, and you can file a petition with the Rent Board.

It seems to me that you are not at the end of the road. In an attempt to keep things neighborly, I'd share what you've learned with your master tenant, and let him know that you're serious about resolving what's going on. Give him the opportunity to make things right before brining in a lawyer. But if you do need some legal referrals, I recently put together a list for another friend with master/sub-tenant issues, so feel free to contact me.

Again, good luck! - Mon Nov 3 2008, 09:54

The best place to start is the San Francisco Rent Board web site -- and be prepared to do a lot of reading. Whether or not your unit is subject to rent control, many aspects of the rent law still apply. My take on the situation (and this is not legal advice) is that if you have a completely separate unit -- that is to say that you are renting an entirely self-contained apartment that is clearly defined without "grey" areas -- that your master tenant would be subject to the 24-hour notice and its exceptions as described here:
http://www.ci.sf.ca.us/site/rentboard_page.asp?id=55840

The rent board offers drop-in and phone counseling, and I'd suggest that as a great place to get more detailed information.
http://www.ci.sf.ca.us/site/rentboard_index.asp?id=2149

And if all of that fails, there's always the Tenants Union. I only consider them as a last resort, as my experience with them -- and this was as a tenant -- is that they are far more interested in protecting tenants' rights than they were in me as a human, or my landlord as a human. Their "solutions" are almost always overly antagonistic, even rabid. Remember that you do want to continue living with this guy, you just want your privacy.
http://www.sftu.org/

Good luck!

Jim

P.S. To those giving advice from outside of SF: San Francisco is a unique city with many laws that are primarily pro-tenant. Please do not attempt to give advice unless you are intimately familiar with our rent law, as it could actually open up the recipient to liability and litigation. - Sun Nov 2 2008, 10:09

As a landlord and former tenant in San Francisco, I completely disagree with Lynn's answer, and it shows the importance of talking to LOCAL resources for anything related to real estate.

Because of San Francisco's rent control, many landlords PREFER housemate situations for exactly the reason that Lynn shuns them: turnover. In San Francisco, turnover is a good thing, as it allows you to keep the rent closer to the market price.

Also, the reality of the rental market is that it's very difficult for single people to afford anything nice here, so it's very common even for professional adults to live together. Additionally, San Francisco has a higher percentage of single people than Dallas. I'd rather rent to adults in a stable, friendly relationship who each earn their own income than a family depending on one income whose children might damage the property.

As far as specific suggestion go, I don't have much to offer. We are limited by law as to how much we can charge for anything that could be perceived as a deposit, and in a hot market, many landlords are already asking the maximum. However, you can offer higher rent or a finder's fee (either of which is essentially a legal bribe, but would be one that operates within market principles).

Also, don't discount the personal connection factor. Like me, many landlords in San Francisco only own one or two rental properties. San Francisco has a large number of 2- to 6-unit Victorians, and many of us live upstairs or downstairs from our tenants. This means that while I do look at the financials, I'm also thinking about who's going to make a good neighbor. Don't discount the importance of making a personal connection. Recognize that San Francisco is a far more liberal city than Chicago or Dallas. If you come across as uptight, unfriendly, or -- God forbid -- litigious, you're going to keep losing out because we San Franciscans have a tendency to apply our personal values to what may seem to outsiders as purely business decisions. That's part of the reason many of here and doing what we do, like being a Realtor or small property landlord. I hope it's something you'll come to appreciate, and in the meantime, at least be aware of it and use it to your advantage.

Disclaimer: This information is purely personal insight from my own experience and is not in any way professional advice. (It's probably better.)

Best of luck to you. Yes, you'll still need that. And feel free to call or email me if you would like to chat. - Thu Sep 11 2008, 14:46

Not to dis Don, whose answer is perfectly adequate anywhere outside of San Francisco, but you really do need local information. The primary resource is the San Francisco Rent Board: http://www.sfgov.org/site/rentboard_index.asp It has a great "Info to Go" section and a small library of Fact Sheets. Additionally, there's a very useful article on the the We site of G3MH, a law firm with a great real estate practice: http://www.g3mh.com/downloads/2007TenantEvictionsBrochure.pdf

Very generally speaking (and this is not to be construed as either legal or real estate advice), you can perform one owner move-in eviction per property, though doing so may affect your ability to convert to condominiums later on. Because of that restriction, tenant buy-outs have become more popular -- and are not as risky as they once were to broach, though you do need to avoid any hint of coercion. Although they're not always perfect, I think you're in a pretty strong position if the tenant has accepted your money and still refuses to move. However, most tenants who have bothered to negotiate and sign a buy out agreement are all to happy to accept the money and will do their best to leave on time.

An item to be aware of is that not all tenant-occupied units are legal, and renting out an illegal unit can open you up to huge liabilities. I wrote an article on this topic last year, and would be happy to send you a reprint if you're interested.

And thank you to Mission Bargainista for bringing up the Tenants Union, all caveats intact. They're highly vitriolic, and even turn off many tenants. Nonetheless, they do have a lot of important, relevant, and accurate information hidden among the bile.

The best advice I can give you -- and not all sources will agree with me on this one -- is to try to be friendly. After all, your tenant is another human, your neighbor even, who is trying to make her or his way in this world the best she or he can. Just like you. I've had tenants downstairs for more than seven years, and it's definitely worked to my advantage to treat them with respect and kindness, while still maintaing expectations of neighborly respect and business dealings.

Feel free to contact me directly if you'd like to have a more in-depth conversation, or have any other questions.

Good luck!

Jim - Mon Jul 28 2008, 14:41

It's more of a percentage thing than a concrete number. While it's still possible to get a loan with 10% down, it's going to be a pretty expensive loan. If you have 15% down (better) or 20% down (ideal), you'll get much more favorable terms.

As a Realtor, I'm going to counsel you to choose a Realtor first. Your Realtor will then help you to choose a mortgage professional and work with that person to get pre-approved. The pre-approval will determine your price point.

Feel free to contact me directly if I can help you with anything.

Good luck! - Mon Jul 28 2008, 11:06

Because of restrictions on conversions of multi-unit building to condos in San Francisco, we have developed a somewhat specialized use of the term TIC that is a little different from how the rest of the country commonly uses it, though we are starting to see similar arrangements elsewhere as well.

Basically, when you buy a TIC unit, you are buying a percentage of the property that is roughly equivalent of the share of the building that your unit occupies, and then you sign an agreement with the other owners that says that you have the exclusive right to occupy that unit. The agreement also explains how the property is to be managed, much like the homeowners association (HOA) agreement of a condo.

The big difference is that there is only one title, and it is held by all owners. In a condo, each owner holds title to her/his own unit. There is inherently greater risk in sharing title, though the risks have been somewhat mitigated recently through the introduction of separate tax bills and separate (fractional) financing for each owner. Additionally, we have some expert TIC lawyers here in San Francisco who have developed contract language for the TIC agreement that really smooth things out.

I personally own a TIC, and am currently in the process of converting it to condos. Please let me know if I can answer any other questions. Good luck! - Sat Jul 19 2008, 14:57