How Can I Evict My Subtenant in San Francisco
My question involves an eviction in the state of: CA
I am the master tenant on the master lease for an apartment in San Francisco. My roommate(subtenant) had a 6 month sublease agreement between him and I which was up on May 31, commencing a month to month agreement thereafter. Since April, he and his girlfriend, who seems to always be over at our apartment, have become a real nuisance to both myself and our other roommate. I requested a meeting to discuss our concerns/issues but the nuisance roommate not only denied the request but also responded by saying the only communication he wishes to have is via email. Shortly thereafter, the nuisance roommate wrote me an email (probably out of fear that I would try to give him a 30 day notice) stating that he would be having major surgery in two weeks and that his family and family pets would be visiting to help his 2-3 month recovery period. I had been wanting to give him a 30 day notice prior but now I most definitely need to give him a 30 day notice after reading his list of demands. I'm pretty sure I need to list one of the 15 just causes for eviction, do I need to include that in the 30 day notice and if so is there a special 30 day notice for subtenants or can it be included in a normal 30 day notice? All of the eviction notices I have seen are general for landlord/tenant relationships. Please help!
Re: How Can I Evict My Subtenant in San Francisco
Quote:
I'm pretty sure I need to list one of the 15 just causes for eviction,
based on this, it would appear you do not have to have just cause to terminate the tenancy in San Francisco either if you provided the proper notice that he is not subject to the just cause requirement. Did you?
Quote:
Section 6.15C Master Tenants(1) For any tenancy commencing on or after May 25, 1998, a landlord who is not an owner of record of the property and who resides in the same rental unit with his or her tenant (a "Master Tenant") may evict said tenant without just cause as required under Section 37.9(a) only if, prior to commencement of the tenancy, the Master Tenant informs the tenant in writing that the tenancy is not subject to the just cause provisions of Section 37.9. A landlord who is an owner of record of the property and who resides in the same rental unit with his or her tenant is not subject to this additional disclosure requirement.(2) In addition, for any tenancy commencing on or after May 25, 1998, a Master Tenant shall disclose in writing to a tenant prior to commencement of the tenancy the amount of rent the Master Tenant is obligated to pay to the owner of the property.
http://www.sfrb.org/index.aspx?page=128