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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Question Sublease Dispute in San Francisco

    My question involves landlord-tenant law in the State of: California

    I am writing on behalf of a friend.

    My friend and her sister are living in an apartment run by a professional management company that prohibits subleasing, but had sublet a room out to two girls. The apartment itself was leased from the company by a friend of theirs, since they could did not have a good enough credit rating.

    The contract was drawn up between the girls (not their friend or the company) and the contract specified that a one month notice could be served at any time, for any reason.

    Around February things went south due to the subletters hygiene habits and other personal issues. At that point a verbal agreement was made for them leave the flat. In March, they were given a one month notice.

    After much dispute they have vacated the room. They are now making legal threats to my friends. They claim that since the notice was served during term time, it caused them great inconvenience, and because my friends served the notice, they should pay the moving costs to the tenant (such is the law in Canada, and apparently VA).

    They are threatening with legal action on things like how much deposit can be deducted, and want 200 dollars in moving costs. My friends cannot afford lawyers, and it might be cheaper to just pay the money.

    Does the illegal or atleast unauthorised sublet make the contract between my friends and these girls void? What rights do my friends have in this case?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sublease Situation in San Francisco

    No. Your friends' violation of their lease doesn't get them out of the contract they entered with their own tenants.

    Your friends can either pay the money, make an offer, or see what happens in court. I have no way of even beginning to guess the merits of the ex-roommates' claims.

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