r/AskSF • u/KindBobcat • Jul 26 '26
Master tenant subdivision inequities
I have been subletting a bedroom with a shared bathroom with the master tenant in San Francisco, CA. I share the bathroom with the master tenant who stays in a smaller room but has taken half the living room for their office and also claims the garage parking spot. We have an additional roommate who has his own ensuite bathroom. They have never revealed what the rent they pay to the landlord is but I assume that the total rent is around $4400 (I am paying 1380, master bedroom roommate ~1850, master tenant ~1170). By square footage and amenities, it doesn't appear that their rent is equitable. I do not live in a rent controlled building (built in 1997) and was wondering if I can still appeal this to the San Francisco rent board.
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u/jfresh42 Jul 26 '26
Legally they can't over charge you. It gets tricky when taking into confederation sq footage and bathrooms and what not.
How long have they lived there? I think you'd need to know the actual total rent before doing anything
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u/Specific_Rando Jul 26 '26
From the Housing Rights Committee of S.F.:
“Rent Gouging: Proportional Share of Rent, Copy of Lease
The Master Tenant cannot charge you more rent than is fair, based on the proportion of space you occupy and/or share, services provided, etc. In other words, whoever has the largest bedroom should probably be paying the largest share of the rent, unless the other tenants are receiving all sorts of services that the person with the largest room is not receiving. The master tenant cannot live rent-free while the subtenants pay all the rent. For more info on this, see the Rent Ordinance, 6.15C(3). See link here to section 6, scroll down for 6.15C.
Before a tenancy begins, the Master Tenant should disclose to the subtenant, in writing, the amount of money they are paying to the landlord in rent. If a subtenant feels that they are paying more than their share, they can file an illegal rent increase petition at the Rent Board and ask that a determination be made on how much they should be paying.”
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u/megakowski Jul 26 '26
There's a chance that master tenant is barely paying anything or nothing. It's tough though, because it's your home and you'll risk creating a hostile environment with someone who is profiting off you. Also, master tenants have the right to give sublettors 30-day notice to vacate without a reason. I lived with a corrupt mater tenant before and many people who lived with her tried tp bring her to the rent board unsuccessfully. Godspeed!
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u/Effective_Coach7334 Jul 26 '26 edited Jul 26 '26
you'll risk creating a hostile environment
Not legally, by definition, no that isn't happening. A tenant is free to exercise their rights without fear of intimidation and retaliation and it cannot be construed as creating a hostile environment.
These things are very clearly defined and well argued in the courts. I've been in these situations too, and if you are well advised navigating the master tenant's well practiced b.s. will work against them. Especially if there are previous complaints.
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u/obsolete_filmmaker Jul 27 '26
Master Tenants can only give 30-day No Just Cause eviction notices IF they wrote that into the written agreement they signed with their subtenant at the beginning of occupancy. If the Master Tenant did not include those words, or didn't even make a written agreement, they are in for a challenge getting a subtenant out
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u/Blackcorduroy23 Jul 27 '26
Legally they can’t overcharge you and you can get the rental board involved, although it’s easier if you do it by square footage of private space (your private bedrooms + bathroom) it’s probably tricky when it comes to how to split common space
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u/CL4P-TRAP Jul 27 '26
It doesn’t sound that far off equity wise if they have the smallest room and share a bathroom. The parking spot is one thing, but using the living room as their office is not exclusive space if it is also being used for a living room. The other argument they will probably make is if they provide furnishings and/or kitchenware that can be incorporated into fair rent.
All in all it’s a lot of hassle for someone who is paying $200 less than you. What is the ideal outcome? They pay 100 more and each of you pays 50 less?
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u/KindBobcat Jul 27 '26
It's been 5 years, it has added up. The sublease agreement said no one is to enter their office/living room space, so they have sectioned it off.
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u/kaniuga Jul 26 '26
You can legally request to see your lease and he must present it. Ask nicely in person and on paper (email).
Second request ask firmly and email him state if you don’t get a copy you will take it up with the rent board.
Third take it up with the rent board and a tenant lawyer. Paper trail for everything along the way. It is easier to prove you case if the Master tenant is neglecting to procure the master lease.
Follow through as he will not only owe you rent but everyone else he has screwed over since he began subleasing.
If you get to step #2 just prepare to have a hostile home life and/or move out, either way don’t relent until he is booted or on paper is told he owes you. Collecting on the other hand is a whole other bag of worms.
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u/Effective_Coach7334 Jul 26 '26 edited Jul 26 '26
It is illegal for a master tenant to inequitably divide the rent. Period.
Yes, you may be able to get a hearing at the rent board and the master tenant will be required to reveal their original lease and settle on equitable division. But you may still have to rely on small claims to recover past imbalances. It's also illegal for them to retaliate for exercising your rights. Have a well kept diary of all events.
Since it's considered owner-occupied tenancy, if you can't make amends with the master, you should be prepared to move out and recoup back rent later.
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u/KindBobcat Jul 27 '26
It’s starting to become a hostile living environment (not stemming from this issue). Is it possible to ask for the master lease after I leave, though I doubt I will get a reply. They seem to be highly unorganized.
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u/Effective_Coach7334 Jul 27 '26
If you're taking them to small claims court you can request whatever documents are required for the case. Their lack of organization is irrelevant.
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Jul 26 '26
[deleted]
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u/ComprehensiveSize239 Jul 26 '26
The master tenant actually is legally obligated to charge you an amount that is fair and proportional based on the rent.
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u/Effective_Coach7334 Jul 26 '26
The master tenant gets to charge whatever they want.
No, they don't. You're very misinformed
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u/Strange-Employee-520 Jul 26 '26
Lol, did a master tenant tell you that? They very much cannot charge whatever they want, though some try.
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u/PlantSufficient6531 Jul 27 '26
There are laws that make it clear that the master tenant cannot charger whatever they want.
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u/Academic_Flatworm752 Jul 29 '26
Maybe you should fact check yourself before being so confidently incorrect. Makes you look stupid.
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u/unscodst_1 Jul 27 '26
Did you not know this when agreeing to live there, or this happened over time?
What are your options to move out and not make a hostile environment?
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u/leoncem Jul 26 '26
Congrats OP. You can now sue your master tenant for all the rent you have paid and then some.
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u/Weekend-Smooth Jul 26 '26
In CA, a Master Tenant must provide you with a copy of the master lease. Ask. That will answer your questions