Legal Question in Landlord & Tenant Law in California

I am the master tenant on a rent controlled apartment in San Francisco. I did not until recently know there was a law against charging roommates more than I was paying (other than that I couldn't profit off the apartment), as I always charged them way below the market rate and always had more interest than I could handle when renting the room. I never profited from the rent, just payed less rent than my roommates. One roommate is moving out and I'm nervous she might sue me for the unproportional rent. I am a college student with student loans and credit card debt and have no money or assets other than an old car. What would happen if she does go through with this? What should I do to protect myself?


Asked on 5/24/16, 5:52 pm

1 Answer from Attorneys

There is not actually a law that prohibits charging a larger share to a roommate. The law in S.F. prohibits "unfair" differences in rent shares. So as long as you can make any reasonable case for why the rent was different, she would lose. It is also unclear whether she really can go back and try to recoup excess rent. There are provisions for the rent board to issue a ruling on unfair rent differences between roommates, but a quick (far from exhaustive) check of the ordinance did not turn up a specific right to sue for back excess rent (this being different from a full sub-lease which allows the sub-tenant to sue a master tenant who charges more than the landlord charges the master tenant). Lastly, why do you think she would sue you now when moving out rather than do something about it before now. It sounds like your risks here, while not zero, are pretty low. As far as protecting yourself, though, there really is nothing you can do, except make sure that if any replacement roommate pays more than a direct pro-rata share, that there is a logical reason behind it (largest bedroom is a common reason, but anything that is reasonable and agreed on will work).

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Answered on 5/25/16, 10:27 am


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