The subtenant has no agreement with the landlord, but he has met her, he lives upstairs in two unit building, we live below. She has never paid rent to him. The utilities in the flat our in my name. Since there is no contract between them, can he raise rent above market value? It is a 2 bedroom flat. Can she bring in other tenants to pay the rent even though landlord has never had more than 2 people in the 2 bedroom unit? She has lived in the unit exactly one year. I am moving as I cannot evict her. She is dishonest, alcoholic, etc. My landlord is 84 and I do not want to leave a mess for him to deal with because I brought her into the apartment as a roommate after I lived there alone for 3 months. Can she fight his rent increase? What should I do, the stress is affecting my health. - Is t
Under Civil Code Section 827 (b) the landlord raising residential rent no more than 10% of that charged the tenant in the rprevious 12 months must give at least 30 days notice regardless of whether the tenancy is month to month or any period of less than a month. If the increase of rent is more than 10% than the minimum notice required is 60 days. Written notice raising the rent can be given by personal service or mail service.
Note that rent cannot be increased in retaliation against the exercise of a protected tenant right.
Also, note if this is in a rent control district it may affect the issue.
The landlord may be able to evict her. Further consult with a local attorney in the San Francisco area would be prudent.
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It is likely the landlord will be able to raise rent to market rate, provided he gives proper written notice. The landlord should, if he hasn't already, sent a 6.14 notice to the subtenant pursuant to San Francisco Rules & Regulations - that basically states that the roommate is an unauthorized subtenant.
Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.