4 ms·

This plan won't work.. 1 issue...The only person left in the the unit when the rental agreement expires is a subtenant who has not been approved by the landlord

This plan won't work.. 1 issue...The only person left in the the unit when the rental agreement expires is a subtenant who has not been approved by the landlord.. Which is a legal reason to evict. Also you can not pay rent while being evicted but you'll still owe that rent(plus interest, legal fee's, and allowed early termination fees). Plus because of your stated goal is to 'game' a system; and how you are doing things you are actually perpetrating this little thing called 'fraud'.. Also.. Not saying you are giving 'legal' advice.. does not free you from any legal liabilities. It's fairly equivalent to a truck with a bunch of rocks in the back, and having a sign saying "not responsible for windshield damage".. because the truck DOES have a legal responsibility for windshield damage they are only trying to scare people from suing them. P.S. My worry if I was Air BnB is if that the attorney general eventually sees there business as fraudulent because they essentially enable so many leasers to do something which there lease specifically does not allow them to do.

jessedhillon 14y ago
At least in Oakland, tenants have a practically unlimited right to sublease (caveat, that's based on my reading of the just cause eviction law) -- the landlord may only object under a few specific circumstances, and if the subtenant agrees to be bound by all the rules to which the main tenant is bound, almost no reasonable objection is possible. I would not expect Oakland to be more liberal than SF in this regard, but I could be wrong. See: http://www2.oaklandnet.com/oakca/groups/ceda/documents/policy/dowd008121.pdf http://www2.oaklandnet.com/oakca/groups/ceda/documents/polic...
DanBlake 14y ago
1: All leases in SF automatically convert into month-to-month leases upon termination (in rent controlled units). Hence why it doesnt matter if your long term tenant wont sign a new lease, they dont need to. The crux of rent control. 2: Subtenants have the full power of a normal tenant in that they assume the lease from the original tenant. Since its obvious the landlord is complicit in AirBnB activitys by continuing use, that constitutes approval. 3: Not paying rent while being evicted- This is false. For instance, in a ellis act eviction you must continue to pay rent for the duration else be liable for getting sued. 4: Legal fees - Only if the lease specifies this, most specify one way for the landlord or not at all. 5: Gaming a system is not akin to fraud. 6: That analogy makes very little sense. Please apply it to a WebMD post, where they say "WebMD does not provide medical advice, diagnosis or treatment." - Its very well established disclaimers are valid 7: I think its a great business but needs to be amended to protect both landlords, tenants and would-be-renters. Currently it has some baked in risk. 8: A great related thing to google about this is "evicting roommates" as its of course the crux of the issue with subtenants and master tenants. You will find that subtenants inherit full protection in most cases. * Disclaimer - This post is a opinion not to be construed as fact and not to be taken as legal advice for I am not a lawyer. :)
- rootedbox 14y ago
  1: I understand rent control, and I understand the auto month-to-month. Rent control, and eviction are 2 separate things. And under SF eviction law if the only subtenant in a spot is not approved by the land lord then that subtenant can be evicted; Independent of rent. 2: Subtenants do not assume the lease of the original tenant. A lease is not a license, and can not be transfered in that manor. However subtenants are offered the full power of rent control, and a master tenant can not raise rent. 3: we agree? you must pay rent while being evicted or else you will owe the back rent upon eviction. 4: If your lease specifies then your landlord will recoup whatever legal fees they wish. If the lease doesn't specify then under California law your landlord would be able to get "reasonable" fees. Either way your going to pay something. 5: I think your blog post shows that you are participating int the 5 rules that make up fraud. (1) a false statement of a material fact (2) knowledge on the part of the defendant that the statement is untrue (3) intent on the part of the defendant to deceive the alleged victim (4) justifiable reliance by the alleged victim on the statement (5) injury to the alleged victim as a result. 6: WebMD is not giving medical advice, diagnosis, or treatment.. You should read there articles more closely. 7: I agree on both counts. 8: Evicting roommates is different that evicting a single tenant; as in California they have master tenants.

jessedhillon 14y ago

At least in Oakland, tenants have a practically unlimited right to sublease (caveat, that's based on my reading of the just cause eviction law) -- the landlord may only object under a few specific circumstances, and if the subtenant agrees to be bound by all the rules to which the main tenant is bound, almost no reasonable objection is possible. I would not expect Oakland to be more liberal than SF in this regard, but I could be wrong. See: http://www2.oaklandnet.com/oakca/groups/ceda/documents/policy/dowd008121.pdf http://www2.oaklandnet.com/oakca/groups/ceda/documents/polic...

DanBlake 14y ago

1: All leases in SF automatically convert into month-to-month leases upon termination (in rent controlled units). Hence why it doesnt matter if your long term tenant wont sign a new lease, they dont need to. The crux of rent control. 2: Subtenants have the full power of a normal tenant in that they assume the lease from the original tenant. Since its obvious the landlord is complicit in AirBnB activitys by continuing use, that constitutes approval. 3: Not paying rent while being evicted- This is false. For instance, in a ellis act eviction you must continue to pay rent for the duration else be liable for getting sued. 4: Legal fees - Only if the lease specifies this, most specify one way for the landlord or not at all. 5: Gaming a system is not akin to fraud. 6: That analogy makes very little sense. Please apply it to a WebMD post, where they say "WebMD does not provide medical advice, diagnosis or treatment." - Its very well established disclaimers are valid 7: I think its a great business but needs to be amended to protect both landlords, tenants and would-be-renters. Currently it has some baked in risk. 8: A great related thing to google about this is "evicting roommates" as its of course the crux of the issue with subtenants and master tenants. You will find that subtenants inherit full protection in most cases. * Disclaimer - This post is a opinion not to be construed as fact and not to be taken as legal advice for I am not a lawyer. :)

rootedbox 14y ago
1: I understand rent control, and I understand the auto month-to-month. Rent control, and eviction are 2 separate things. And under SF eviction law if the only subtenant in a spot is not approved by the land lord then that subtenant can be evicted; Independent of rent. 2: Subtenants do not assume the lease of the original tenant. A lease is not a license, and can not be transfered in that manor. However subtenants are offered the full power of rent control, and a master tenant can not raise rent. 3: we agree? you must pay rent while being evicted or else you will owe the back rent upon eviction. 4: If your lease specifies then your landlord will recoup whatever legal fees they wish. If the lease doesn't specify then under California law your landlord would be able to get "reasonable" fees. Either way your going to pay something. 5: I think your blog post shows that you are participating int the 5 rules that make up fraud. (1) a false statement of a material fact (2) knowledge on the part of the defendant that the statement is untrue (3) intent on the part of the defendant to deceive the alleged victim (4) justifiable reliance by the alleged victim on the statement (5) injury to the alleged victim as a result. 6: WebMD is not giving medical advice, diagnosis, or treatment.. You should read there articles more closely. 7: I agree on both counts. 8: Evicting roommates is different that evicting a single tenant; as in California they have master tenants.