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My Landlord Forged Documents To Get Me Evicted

My Landlord Forged Documents To Get Me Evicted

My Landlord Forged Documents To Get Me Evicted

I feel I did everything legally and now I’m being evicted. I’m being wrongfully evicted because I withheld one month’s rent.

I wrote letter after letter to the manager and owner complaining about water coming through my apartment windows. I moved in June of 2010 so I didn’t have any problems until the rainy season. The first time it started to rain, I realized I had a real problem with 3 out of 4 windows. I had to use big towels to stop it from running down on the floor. So the first thing I did was call the manager. He said he would talk to the owner and get back to me. That was in November of 2010.

I paid my rent and wrote the owner and manager letters asking for the repairs. In July, I wrote the owner and manager a letter that said I would withhold July 2011 rent until the repairs to my windows were done. The manager, who collects the rent, agreed with me. Two days later the owner came to my apartment and told me I should just move if I didn’t like it.

At that point I decided to go downtown to the city of Oakland and file a complaint against the owner. When I was filing my complaint, they informed me that the tenant prior to me in the same apartment made the same complaints. So I waited a few weeks for the city to come and inspect my place, but instead a sheriff came and left an eviction paper on my door.

It wasn’t a summons, it was an eviction notice stating that I would be removed. I question the legal aid person I went to see why wasn’t I being able to see the judge to explain my default. She told me don’t worry about that at this time the thing I need to do was file for a stay so I did and it was granted.

I found out that the owner forged the manager’s name as the person who served me the summons. The manager called the owner in front of me and confronted the owner. The owner admitted he did do this and told the manager if he didn’t lie he would be fire him. The manager said he rather be fired. He said he would help me in anyway because the owner withheld the summons because he didn’t want to go to court. I have all my documents and pictures along with several witnesses that can validate what happened.

This owner forged the manager’s name on three documents, the 3-day notice, the 30-day notice and the summons from the court. He never served me with the summons and complaint so that I would default and I wouldn’t have the right to answer in court. I believe I have an eviction on my credit report now. This can’t be right.

It isn’t right. You did do everything legally. Had the landlord served you with a summons and complaint for an unlawful detainer action, it seems like you could have successfully defended the case. But as I’ve said over and over again, it’s better to be a plaintiff in a lawsuit than a defendant.

Oakland has a Rent Adjustment Board. You could have filed a petition for decrease in services at the Rent Board instead of withholding rent. Oakland Residential Rent Adjustment Program §8.22.070(F) defines decreased housing services:

“A decrease in housing services is considered an increase in rent. A tenant may petition for an adjustment in rent based on a decrease in housing services under standards in the regulations. The tenant’s petition must specify the housing services decreased. Where a rent or a rent increase has been reduced for decreased housing services, the rent or rent increase may be restored in accordance with procedures set out in the regulations when the housing services are reinstated.”

That’s all water under the bridge. Your landlord is a scumbag. I’m not trying to shift the blame to you.

Your landlord pulled one of the oldest, dirtiest tricks in the landlord playbook. We in the business call it “sewer service.” The landlord filed the complaint and instead of serving you, he flushed it down the toilet. I’m not as familiar with the Oakland courts. In San Francisco the court sends a letter to tenants informing them that an unlawful detainer has been filed. That way one can immediately go to the court to look at the file and, if necessary, file an answer without service.

You need to find an East Bay organization who will write (and hopefully argue) a “motion to vacate default and default judgement” for you. This is a motion that essentially asks the court to reinstate the case. The court makes its decision based on two things.

  1. Was your neglect in failing to answer the complaint excusable?
  2. Do you have a triable issue if the court decides to reinstate the case?

Of course you have easy “yes” answers to both questions. You couldn’t answer if you were not served and you have a defense because the landlord failed to fix the windows, breaching the implied warranty of habitability in you lease. The statute that outline this defense is California Code of Civil Procedure §1174.2.

You mentioned that you are working with a legal aid person. Perhaps she is already working on a motion for you, but you should understand that the stay of execution (in UD a court order telling the sheriff to wait to evict a tenant) only gives you the time to file a motion. A stay does not end the matter.

You should get in touch with the East Bay Community Law Center. You can also call John F. Kennedy College of Law, (510) 647-2067 to see if you qualify for representation by their Housing Advocacy Clinic.

Tenants: I’ve already mentioned that it’s a bad idea to withhold your rent without legal advice to do so. This reader’s letter also illustrates that it is important to get your local code enforcement agency to issue a notice of violation for a substantial breach of the warranty of habitability. Civil Code §1941.1 provides a long list of possible violations. If a landlord has a violation he’s more likely to repair the defect. If he does not repair it, you have good evidence to bring to a rent board or a court.

If a landlord refuses to repair, get a code enforcement inspection quickly. Don’t wait! If you are unsure about who to call check out the Crow & Rose list of tenant resources.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

My Landlord Won’t Let My Boyfriend Move In

My Landlord Won’t Let My Boyfriend Move In

My Landlord Won’t Let My Boyfriend Move In

BIG fan of the column! Was feeling pretty good about having my boyfriend move into my apartment after your columns the last few weeks, until I hit a snag: my landlord said NO when I asked for permission.

Taking special care to follow every one of your instructions from the past two weeks, I asked my landlord for permission for my boyfriend to move in. I live in a one-bedroom, rent controlled apartment. I pay less than a tenant on a lower floor who has lived there longer. The landlord recently (less than 6 months ago) rented the unit across from me for almost $400 more a month than I’m paying… So when I asked for permission (in writing) his answer was:

“I have reviewed the lease and made a determination. Unfortunately, I must deny your request because the lease is clear on this type of situation. It is my option and wish not to amend our current agreement as set forth by the lease terms. “

There is a use/occupancy clause that says: “Tenant must have the prior written approval of owner if an invitee of Tenant will be present at the premises more than seven consecutive nights or fifteen days in a calendar year.” and

“Assignment and Subletting: Tenant may not assign this agreement nor sublet the whole or any portion of the Premises. This is a blanket prohibition which means that Tenant may not have any other person reside at the premises… no additional tenant or occupant will be allowed in the unit regardless of the relationship between tenant and said proposed occupant.”

The landlord and I talked on the phone and he wouldn’t point to any reason why he is saying no, and he gave me his lawyer’s number to call if I had questions. I asked if he would be willing to do a NEW lease for the two of us (saying “I understand I probably pay the least amount of rent in the building”) and he was not open to that either.

Landlord and I have had a decent relationship thus far. His daughter just moved in below me, so I’m worried that she will find a way to give him just cause (noise) if I make a fuss, or that she will rat me out if he moves in anyway, especially now that the landlord knows we were planning it.
The boyfriend is going to Asia for several months after his lease ends next month, so we don’t have to worry about this until December, when he was going to move in. We were going to look for another place when he got back (one with parking) so it’s not like we were planning on staying forever, but my landlord is being so shady about it that now I want to.

I was planning on getting a recommendation from him in writing before I challenge this nonsense later in the year, so when I am looking to move out, I can worry less about him not recommending me to future landlords. Anything else we can do?

Should I just let the boyfriend move in and try to say he can’t evict me on those grounds? I know I don’t want to be a defendant but I also don’t want to give him the pleasure of having me move out early so he can jack up the rent.

What to do?

I’m happy that reading my columns inspired you to ask the landlord for permission to sublet. You now understand his position on the issue. What if he is correct?

In this case, the landlord may be correct.

The last two TT columns have discussed the effect of replacing a roommate when the lease provides for a landlord’s written consent to do so. In your case the lease absolutely prohibits subletting. If you never had a roommate, you will not be replacing one.

San Francisco Rent Board Rules & Regulations §6.15A is applicable to these facts. The first few paragraphs state:
“This Section 6.15A applies only when a lease or rental agreement includes an absolute prohibition against subletting and assignment.

(a) For agreements entered into on or after May 25, 1998, breach of an absolute prohibition against subletting or assignment may constitute a ground for termination of tenancy pursuant to, and subject to the requirements of, Section 37.9(a)(2) and subsection (b) below, only if such prohibition was adequately disclosed to and agreed to by the tenant at the commencement of the tenancy. For purposes of this subsection, adequate disclosure shall include satisfaction of one of the following requirements:

(1) the prohibition against sublet or assignment is set forth in enlarged or boldface type in the lease or rental agreement and is separately initialed by the tenant; or

(2) the landlord has provided the tenant with a written explanation of the meaning of the absolute prohibition, either as part of the written lease or rental agreement, or in a separate writing.”

Look at the clause in your lease that relates to assignment and subletting. Does it conform to the Rent Board requirements? It looks like the clause has provided an explanation of a blanket prohibition on subletting. That’s a problem.

Does the lease allow for only 1 person? Are you the only named person on the lease? Have you always lived alone?
If the answers to these questions are “yes”, the no-subletting clause is probably valid. If any of the answers are “no”, you may be able to make a case to add a roommate.

Do not let your boyfriend move in without the landlord’s permission. You will be discovered because the landlord’s daughter lives in the building, but that’s not the point. I never recommend that a tenant blatantly breach a lease unless the clause is illegal or unconscionable.

You can explore two other options. You can ask the landlord to allow your boyfriend to stay as a guest until you find another place. The landlord may want you to give notice to move on a date certain. That could be a problem if you can’t find a new place in time.

Or you can get married or you and your boyfriend can register with the City as domestic partners. Check out “Tenant Troubles: Is My New Husband Going To Get Me Evicted?” to understand how the Rules and Regulations apply.
Before you take any other action, I strongly urge to bring your lease and any other relevant documents to the San Francisco Tenants Union for a counselor to review. You may even want to discuss this with an attorney. The TU has a list of approved tenant attorneys.

Sometimes following the rules won’t get you the answer you wanted. But following the rules won’t get you evicted either.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

Is My New Husband Going To Get Me Evicted?

Is My New Husband Going To Get Me Evicted?

Is My New Husband Going To Get Me Evicted?

I live in a four unit rent controlled building in San Francisco. I moved into the one-bedroom apartment in 2005.

My ex-husband moved out in 2009, and I finally got around to telling my landlord in 2010, so I am now the only “original occupant”.

However, my new fiancé has been living with me, and paying all the rent since August 2010.The lease requires that, “a substitution, addition, replacement, or sublet of tenants or roommates is not allowed unless the landlord has given specific, written consent.” and “In the event subsequent occupants, co-occupants or substitute roommates are accepted into this rental unit by prior written consent of the owners, the provision the of sf rent control ordinance, part 6, 6.14 & 6.15 will apply. “

We are going to get married in less than a month, I’m going to change my name, which I don’t think is going to be a problem since I pay my rent through money order. But, apparently him living with me but not on the agreement is a violation.

We wanted to act like he hasn’t been living at this address, and do all the stuff to get him on the agreement, but his credit report will state this address as an address. So, that’s sort of a give-away, right? Is there anything that I could do to help alleviate this situation, or will we have to move when we get back from our honeymoon so I won’t get evicted? I love this apartment so freaking much…

As you noted in your email, in your email your situation is almost exactly like our reader’s last week who wanted to swap girlfriends (on his lease.) If your fiancé had not already moved in, you could very easily use the method prescribed in Rent Board Rules & Regulations §6.15B to request permission form the landlord for him to move in. If your ex-husband was originally on the lease you would simply be making a one-for-one roommate replacement.

Of course it would be difficult to make the replacement now because your fiancé already lives with you. It is always tough to fake the approval process. He could move out and move back in. Or you might argue that he is an original tenant if he has been paying directly to the landlord for the past year. But guess what?

Rent Ordinance § 37.9(a)(2)(B) states: “[…] a landlord shall not endeavor to recover possession of a rental unit[…]as a result of the addition of the spouse or domestic partner of a tenant, so long as the maximum number of occupants stated in Section 37.9(a)(2)(B)(i) and (ii) is not exceeded.” The maximum number of people allowed in a one-bedroom apartment per the regulations is certainly more than two, depending upon which code you read.

Rent Board Rules & Regulations §6.15D also addresses this. Creditworthiness cannot be a bar to the addition of a family member unless the family member is going to be legally liable for paying the rent. In your case, no matter where the money comes from, you’re the person who is legally liable because yours is the only name on the lease.

You do not have to engage in any subterfuge.

Readers: It’s never a good idea to try to backpedal to get a landlord’s consent to the addition of a roommate after the roommate has moved in. Follow the rules before you add a roommate. If you’re married to your roommate (or joined in civil union) you should still understand that the rules apply, but they are much more forgiving.

Go get married, have a great honeymoon and don’t worry about eviction.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

I Need To Swap Girlfriends (On My Lease)

I Need To Swap Girlfriends (On My Lease)

I Need To Swap Girlfriends (On My Lease)

Swap girlfriends?

I live in a pre-1979 rent controlled building. I moved in with my GF (we are both on the lease) in 2003. She moved out a while ago and I just left everything lease-wise as is and paid the whole rent. I now want my current GF to move in and get on the lease. Is there anything besides notifying them and filling out the usual rental forms (she has great credit and would get glowing reviews from her current landlord) that I should know? Things always seem so simple until I read emails sent to you, and you point out a whole bushel of stuff that could go wrong.

Your issue actually seems fairly simple.

I’m assuming that you have a clause in your lease that allows subletting with a landlord’s written consent. San Francisco Rent Board Rules and Regulations §6.15B applies if that is the case.

Essentially, if you do not receive a landlord’s consent or the landlord withholds his consent to replacing your roommate, the lack of consent cannot constitute a breach of your lease for purpose of eviction under Rent Ordinance §37.9(a)(2) if you have followed all of the following steps before the new roommate moves in:

“(i) The tenant has requested in writing the permission of the landlord to the sublease or assignment prior to the commencement of the proposed new tenant’s or new subtenant’s occupancy of the unit;

(ii) The proposed new tenant or new subtenant, if requested by the landlord, has completed the landlord’s standard form application, or, in the event the landlord fails to provide an application or has no standard form application, the proposed new tenant or new subtenant has, upon request, provided sufficient information to allow the landlord to conduct a typical background check, including credit information, income information, references, and background information;

(iii) The tenant has provided the landlord five (5) business days to process the proposed new tenant’s or new subtenant’s application;

(iv) The proposed new tenant or new subtenant meets the regular reasonable application standards of the landlord;

(v) The proposed new tenant or new subtenant has agreed to sign and be bound by the current rental agreement between the landlord and the tenant;

(vi) The tenant has not, without good cause, requested landlord consent to a new tenant or new subtenant more than one time per existing tenant residing in the unit during the previous 12 months;

(vii) The tenant is requesting replacement of a departing tenant or tenants with an equal number of new tenants.” (Rules & Regulations §6,15B(b)(1)(i-vii))

If you follow these steps to the letter, you should be okay.

The days of simply replacing your roommate without the landlord’s involvement are long gone. Many tenants don’t realize this. They think they can simply add a roommate and as long as the rent gets paid, no harm no foul. Or they verbally inform the landlord about new roommates without obtaining a consent in writing.

Over the years, landlords in rent-controlled jurisdictions have increasing relied on “no subletting” clauses to evict tenants. Why? To increase the rent, of course.

Just this week, our office is dealing with a case in which the landlord is threatening the tenants with eviction because roommates were added without written consent. The landlord didn’t give a rat’s ass about that until he decided to sell the building and then raised the issue. Remember, buildings are worth more either without tenants or with tenants who are paying market rate.

Unfortunately, it is difficult to prove that a landlord waived his right to consent to subletting. And it is expensive to prove it because to do so means defending an unlawful detainer (eviction) lawsuit.

If you are living with roommates, you must begin to abide by the Rules & Regulations to avoid eviction.

Ask the landlord for his permission to add you new girlfriend to the lease.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

Can I Be Evicted Just Because My Apartment’s An Illegal Unit?

Can I Be Evicted Just Because My Apartment’s An Illegal Unit?

Can I Be Evicted Just Because My Apartment’s An Illegal Unit?

Apartment’s an illegal unit.

I’m a protected tenant (65yrs old + 15 year resident) in an illegal unit. The building was recently sold and purchaser was aware of my protected tenant status. It appears that the strategy that is being used to get me out, is to have a building inspector come in to declare unit illegal and also possibly identifying some kitchen defects (venting). Owner has offered $5000 above relocation costs if I agree to get out without having inspector involved. The new owner would be reclaiming my unit for his own use without plans to use it as rental unit.

Can you please tell me what if any options I have if my apartment’s an illegal unit.

First, you need to determine if indeed your unit is illegal. Often illegal units take the form of in-law units under single family dwellings. One can find many of them in the Richmond and the Sunset. There are three characteristics that indicate a unit may be illegal.

No separate PG&E bill. If you are sharing your gas and electric bill or the landlord is paying the utilities, the unit is not separately metered. Of course there are quite a few big buildings and complexes like the Golden Gateway that are not separately metered. But two and three unit buildings usually have separate meters.

Ceiling height. Generally the Uniform Building Code requires a minimum ceiling height of 7’6″. If the ceilings in your unit are lower and you share PG&E, there’s an even bigger chance the unit is illegal.

Secondary egress. If a unit has no secondary means of egress (a second door or window to use to escape from a fire), that’s another big indicator that the unit could be illegal. Think garden apartment at the back of a garage where the only entry and exit is through the garden. Units that only exit into a garage are usually illegal. Converted attics without a fire escape are often illegal units.

SF Assessor-Recorder’s website. In a typical scenario one will find that the Assessor lists the property as a single family house with one unit, even though there is an in-law in the building.

Finally, you can search the Online Permit and Complaint Tracking at the DBI website or if you cannot find any information there make a records request to view the permits and the certificates of occupancy or certificates of final completion at the DBI Office.

Now to your question. You can never be a protected tenant if you live in an illegal unit. Not possible. Because the unit is illegal, it should not be rented at all. You must dispel yourself of the notion that you will be able to stay if the landlord calls the DBI to violate the unit.

The “kitchen defects” to which you refer are not defects. If the DBI cites the unit as illegal, the landlord will be required to “remove the unit from the rental market.” That is accomplished by removing the kitchen, the factor that defines the apartment as a separate dwelling unit.

You should be aware that in order to be legally evicted, the landlord will have “to demolish or to otherwise permanently remove the rental unit from housing use” pursuant to Rent Ordinance section 37.9(a)(10). The landlord must obtain all the necessary permits, give you with a sixty-day notice to vacate and provide you $8,502.00 in statutory relocation benefits.

It is interesting that the landlord does not want to report the unit to DBI. He has not offered you much more than the statutory amount to vacate and he misrepresented (lied about) the relocation amount. Something is very fishy.

I flat out don’t believe the claim that the new owner wants to use the unit for himself. If that’s the case, why all the subterfuge? Forgive me my cynicism, sometimes I can confuse cheap and cheesy with diabolical. But the results are the same–the tenant gets screwed.

You should also understand that the landlord may be liable to you for civil damages. For example, if the landlord originally rented the unit to you and represented it as a legal unit, you may have damages for fraud and/or void contract that could, theoretically, entitle you to demand that the landlord refund all of the rent you paid for 15 years. I say theoretically because there are a whole bunch of factors that need to be evaluated for your specific case.

Go to the San Francisco Tenants Union to discuss your specific options. In the meantime don’t sign anything.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

How Can I Buy Property In SF And Not Burn In Hell?

How Can I Buy Property In SF And Not Burn In Hell?

How Can I Buy Property In SF And Not Burn In Hell?

Having read your “Tenant Troubles” blog and examined your website, I am curious as to your personal view of bona fide OMI evictions / good faith owner-move-in buyouts.  I should be clear, I’m not looking for your advice in the interest of the landlord, but rather advice in the interest of tenants, AS a (potential) landlord.

We are currently looking to buy somewhere to live in in SF and many places we have looked at are two units, both tenant occupied.  My husband and I have no interest in raising rents or emptying the building for the purposes of raising rent in the future however we do need somewhere to live.  We don’t own any other property in SF.  I am aware it is possibly within our legal rights to do an OMI eviction on one unit (and leave the other occupied as is, rent controlled and all).  However the thought of being an evicting landlord (colorful adjectives you use such as sleazy, lying, greedy etc, I don’t THINK apply but still, we would be displacing someone from their home, there’s no way around it…) does not sit easily.

I fully support rent and eviction controls on principle.  I value the notion of ‘home’ over ‘home ownership’ (UnAmerican I know).  Should I just walk away from occupied properties?  Don’t buy SF property at all?  Someone else will buy and evict no doubt.  Is there a way to do this and have everyone come out on top?  What’s the way forward?

A few years ago a very dear of mine came to me seeking my thoughts on this very issue. She and her husband, long time San Francisco residents and City employees wanted to buy a building with two units, one for them and one for retiring parent.

The market was off its rocker, fueled by what we now know was a Ponzi scheme designed by corrupt banks, mortgage brokers and realtors. Two unit buildings were being snapped up by speculators to be converted into TICs and condos. Tenants were being evicted right and left, because the cheapest buildings were those occupied by tenants, especially long-term disabled and elderly tenants.

My friend has long been a social justice advocate, but she found herself in a position similar to yours. My friend had just seen a building that would be perfect for her and her family, a building in a good location that was priced right and could accommodate her family’s growth. She was planning to have a baby. But the building had tenants and in one unit, elderly tenants.

As we spoke, I described the cases I was defending and others I’d witnessed at theTenants Union. I told her horror story after horror story. During our conversation, I witnessed something that I will never forget. I saw my friend become resolute in her ideals.

We both came to the conclusion that community begins at home and that nobody should have the right to disrupt community simply because they can afford to do so.

With the courage of their convictions, my friend and her family bought a two unit building that was vacant. They paid top dollar so that they could sleep at night. My friend could raise her daughter and speak of social justice without underlying hypocrisy. My friend’s decision was brave and principled but it came at a cost–brave, principled decisions usually do.

If you think about it, much of what is wrong in our country today comes from bottom line thinking that has utterly no regard for its effects on people.

I can tell that you’re conflicted and I think you may trying to do the right thing, but if your decisions are colored by our culture as it is evolving, you’ll be wrong every time. For example, if you believe in “home over home ownership,” why do you need to buy at all?

And why would you even think that your values are “unAmerican”? Do you actually believe that one-third of Americans (renters) are unAmerican?

My advice to you is the same I gave to my friend, buy a place that doesn’t have tenants. Buy a condo or a house or an unoccupied building with a friend. But before you do, find out if the building was previously emptied by an Ellis eviction.

Ellis eviction notices are registered with the Rent Board and they will also show up in a title search. Ask your realtor if tenants were evicted at all to market a unit. He or she will lie, but watch them squirm when you ask. That alone should drive you crazy if you truly care about a stable community.

Also ask yourself if you really want to own property in a city where everybody is rich; a city that drives out its young people because they can’t afford to come back from college and live here. Think about your role in that, if you pay an exorbitant, insane price for a unit in a building.

Community begins at home. Sit down with your husband tonight and discuss what kind of a community you want to live in. Understand that your decision, however small it may be in the larger scope, may have a ripple effect.

Finally, understand that if you make the wrong decision and buy a building in which you evict tenants, you will burn in hell forever.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

How Do I Dump A Deadbeat Roommate?

How Do I Dump A Deadbeat Roommate?

How Do I Dump A Deadbeat Roommate?

What are the laws governing kicking out one of your roommates? I read in one of your previous columns that its impossible for a landlord to evict individuals but can it be done by roommates? I’ve got a flat that I share with two people and one of them is a deadbeat. Our lease states that we can only pay rent with a single rent check. Not wanting to incur any late penalties and stay in the good graces of our landlord, on many instances we’ve had to cover the deadbeat’s rent while he finds some scheme to come up with the money. The problem has been getting progressively worse and I fear he might skip out on paying rent all together. Is there anything the other roommate and I can do to get rid of this guy?

Held Hostage by Housemate

Dear HHH,

As you may know from reading Tenant Troubles and from our website, my firm, Crow & Rose, does not represent master tenants seeking to evict their roommates. So I’m reluctant to give advice about how to evict a roommate. I do, however recognize that your predicament is one faced by many tenants and, as you pointed out, your entire tenancy has been placed in jeopardy because your roommate can’t pay his rent. So, I’m not going to talk about the procedure you could use to evict your roommate; you’ll have to get advice from a landlord’s lawyer for that. But I am going to answer your question because this happens all the time.

The first questions to ask: Did you and your roommates all move in at the same time? Are you all on the lease? If that is the case, you do not have the right to evict your roommate at all because you don’t have a “landlord-tenant relationship” with him. You are all co-occupants or co-tenants.

I am assuming that you are a San Francisco tenant living in a rent-controlled apartment. If one of you is a master tenant (a named tenant on the lease who rented a room to the roommate), he may have the right to evict the roommate without just cause. (See Rent Ordinance Rules and Regulations section 6.15C.) A master tenant may always evict a sub-tenant for just cause, in this case for non-payment or habitual late payment of rent. It may involve serving an unlawful detainer, an expensive process that most tenants just cannot afford. Talk to a landlord attorney.

I always think that the best course of action is to try to work it out. You have to talk to this guy with the understanding that he is probably scared as shit. Any scheming and bravado masks his fear of homelessness–unless he’s a total sociopath. You are not his mommy and he can’t expect you to pay his share of the rent.

You could try to mediate the problem to come up with an agreement for him to do what’s necessary to pay rent. I believe the Rent Board has expanded its mediation service to include this type of mediation. Give them a call. You might also try contacting Community Boards.

If your rent is more or less market rate, you may want to consider moving. Sometimes that’s the only way to extricate yourself form a problem like this. I’ve talked to roommates who moved and left the deadbeat to fend for himself. If you are considering that option, you should speak to a counselor at the San Francisco Tenants Union to go over your lease and develop a strategy that minimizes the chance of being sued by the old landlord when deadbeat doesn’t pay the rent.

I understand that times are tough. I believe that, as a society we must work for a more egalitarian system–one that can provide low-cost or even free housing for those who need it. I firmly believe that landlords can be parasites.

But this is the real world. In the real world you have to figure out a way to pay your rent. As a roommate, you have to understand that you jeopardize the entire tenancy when you can’t, for whatever reason, pay the rent.

In many cases, tenants will cover for each other. Tenants are great that way.

Hey deadbeat, when your roommates can’t cover you any more, it may be time to move. If you don’t and you drag your roommates down with you, you’re the parasite. You’re the person that confirms all the shitty attitudes out there about tenants. You’re living proof to those who would rule us that an egalitarian society is impossible.

Your roommate is going to have to quit scheming and, ouch, get a job. Maybe it’s a shitty job that’s beneath him, but he can still employ his con-artistry to unionize his fellow employees.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060