Q.I told my roommate I want her to leave and she is demanding to see a copy of my lease with the landlord. Do I have to turn over a copy?
A.No. If you are the only person on the master lease with the landlord, you are not required to give a copy of your lease to your roommate. However, in San Francisco you are required to disclose, in writing, the amount of money you are paying to the landlord in rent.
If you entered into a written lease (regardless of how short) with your roommate, or if your roommate pays his or her portion of the rent directly to you (not the landlord), you may be able to have the roommate evicted after proper service of a 30-Day (if there less than one year) or 60-Day (If there over one year) Notice to Vacate.
Technically, if you are the only one on the lease with the landlord and if you have a written lease with the roommate or the roommate pays a portion of the rent to you (not the landlord), you are the master tenant and the landlord over your roommate who is a sub-tenant. In essence you have subletted a portion of the apartment to your roommate.
|