San Francisco Subtenant Agreement

Especially since the author confuses “subtenants” and “roommates” who, in the regulation on rent control of the SF, are legal roles with very different rights. See the corresponding information page “Subletting and Roommates” on the Rent Board website. If your tenant is behaving illegally on the property, you have a very strong argument in favour of eviction. I`m sorry you had a bad experience with a tenant, and I`m glad you know how to protect yourself in the future. I will be sure to research laws in my field before I have tenants or subtenants. It is good to keep the landlord or property manager informed of serious problems between residents, but the tenant`s agreement is with the principal tenants, not with the landlord, (although the landlord may have given permission, requires a background review, etc.)), so that the principal tenants are usually the only ones able to distribute a subtenant. Bill a deposit to subtenants, even if it is not requested by your landlord or property manager, and include some cases in which some of the money from the deposit can be withheld in your subletting agreement (for example. B to cover unpaid rent, unpaid pick-ups, unit damages). Create a written sublease agreement in which your subtenant waives his or her right-of-cause protection rights. This is completely legal and allows principal tenants to evict subtenants for reasons other than the 15 fairs. If your tenant has the landlord`s consent, as The Horrible Human Being did with us, keep reading. Within five days of receiving the tenant`s written application, the landlord may require the tenant to submit a completed standard form application for the proposed new occupant or to provide sufficient information about the new occupant to allow the lessor to conduct a standard substantive examination, including the full name, date of birth and references, if he wishes. While the landlord may require the new occupant to meet its normal and reasonable standards of application and agree in writing to be bound by the current tenancy agreement between the landlord and the tenant, solvency cannot be the basis for the rejection of the tenant`s application of an additional resident if the additional resident is not legally obliged to pay part or all of the rent to the landlord.

Therefore, if the tenant requires the landlord`s agreement for a new occupant who does not pay rent directly to the landlord, such as a tenant. B, the lessor may not require any credit or income information as part of the application or substantive review. If your tenant occupies the property without the owner`s knowledge or permission, trying to distribute it is pretty much guaranteed that you will also be evicted. If your landlord finds out, he can take legal action against you for breach of the lease, and your tenant may be able to take legal action against you for illegal eviction. The principal tenant cannot charge you more rent than is fair, based on the share of the area you occupy and/or share, services, etc. In other words, the person with the largest bedroom would probably have to pay most of the rent, unless the other tenants receive all types of services that the person with the larger room does not receive. The principal tenant cannot reside for free, while the subtenants pay the full rent. More information about this can be found in the rent regulation, 6.15C (3).