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What to do if I'm on a verbal sublease and the landlord is trying to evict the original lessee ?

San Francisco, CA |

I live in San- Francisco and I was roommates with one person who was the original lesse and who happened to move to another place. We VERBALLY agreed that i will pay my amount of dues monthly, but no written agreement was made. The Landlord is trying to evict my roommate based of the fact that another person lives in the apartment who is not on the contract and who happens to be me! What can i do in this case? I don't really have money to move out any other day. Is there anything i can do to fix the situation? + i'm paying the full apartments rent by myself now.. Any help would help. Thank You
-Mark

Attorney Answers 2


  1. A sublease without the landlord's permission in violation of the lease is cause for eviction on three-day's notice. If the landlord accepted rent from you knowing you were there, he probably waived the lease violation. Otherwise, you better start looking for a new place to live, probably with roommates.


  2. There are some restrictions on evicting tenants for subletting units in San Francisco covered by the Rent Ordinance. However, they don't appear to apply in your situation. You might have other defenses or you might be able to work something out with the landlord. If the unit is covered by the Rent Ordinance, though, the landlord has a financial incentive to create a new tenancy. If the landlord has already served the 3-day notice, you should try and find an attorney.

    I am NOT giving you legal advice. Nothing stated here should be construed to establish any sort of attorney-client relationship. My opinion stated here is limited by the information available to me. You should not rely on my statements in determining your course of action.

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