Drama!

One house­mate took a mat­tress from the garage that belongs to the land­lord. Now the land­lord says no bicy­cles in the garage. Or box­es, or any­thing. Great.

House­mate claims that the oth­er house­mates said it was OK and is defen­sive, claim­ing land­lord is try­ing to cre­ate dra­ma to have con­trol. Hel­lo? Jus­ti­fy­ing a wrong action with the overreaction?

I real­ly real­ly don’t like my bikes being out­side. It’s not a good way to store bicycles.

The land­lord is also say­ing threat­en­ing things to the house­mate about the “reper­cus­sions” of “hav­ing an ille­gal busi­ness in the home.” I think I’d bet­ter brush up on the legal­i­ty of home-based busi­ness­es just for my own preser­va­tion. I don’t do work from home; even unpaid writ­ing assign­ments that I do for pub­li­ca­tion get writ­ten some­where else. But if hav­ing clients over is some­thing that can get us evict­ed (seems unlike­ly; this is San Fran­cis­co… of course, the land­lord will not stop talk­ing about how much he’d love to live here him­self, so he could get us all out with 30 days notice any­way, right?) then that’s some­thing that I need to be aware.

Also, note to self: resist urge to show land­lord who is boss by telling him what he can and can­not do or say. The guy is pissed off about the mat­tress, and since he was­n’t asked about it, he’s got a right to be. Get­ting defen­sive will only make things worse. But I should prob­a­bly know what my rights are in case things actu­al­ly go sour.

Have to admit, that beau­ti­ful 1BR on Polk Street with the hard­wood floors and the view of Alca­traz that I looked at back in Feb­ru­ary is start­ing to get its appeal back.

4 Replies to “Drama!”

  1. Check out your lease, make
    Check out your lease, make sure there’s no exclu­sion of run­ning a busi­ness. Hav­ing word­ing in the lease not allow­ing clients over would have been a big red flag, right? 

    You might want to make sure the lease does­n’t include any com­mon area exclu­sions. Does it men­tion the garage space in there, or is that some­thing he “threw in” for free? If you’re just rent­ing your apart­ment, you’re SOL on com­mon area use.

    IMO, any pub­lic area access should be includ­ed in the lease. I’ve asked to add it in, just so a land­lord can’t try to “sell” a rental based on area that isn’t real­ly part of the deal.

    Get your busi­ness tax license updat­ed, make sure that your area is zoned for pro­fes­sion­al services/consulting. As long as it’s not for­bid­den in your lease and you pay tax­es to the city, how can he call it illegal?

    If you don’t already have it, the Nolo Press renter’s rights book is a must have.

  2. About the book, Ten­ants’
    About the book, Ten­ants’ Rights, from Nolo Press. Real­ly essen­tial if you are a ten­ant or a land­lord. I have a copy, and I am sure it’s avail­able at the S.F. Pub­lic Library. A real eye-open­er. Dis­pells a lot of myths.

    Sounds like your room­mate is apol­o­gy impaired. A sim­ple, sin­cere, “I’m ter­ri­bly sor­ry, Mr. Fon­gavi­chi­ni, I was­n’t think­ing and thought that it had been aban­doned” seems worth a try.

    Poindex­ter is cor­rect about the com­mon area thing. It mat­ters not how long the land­lord has allowed the ten­ant to use an area that is not strict­ly part of the unit; per­mis­sion is vol­un­tary and revo­ca­ble at any time.

    What “ille­gal busi­ness” does your land­lord think your room­mate is running?

  3. Justin is a masseur. I
    Justin is a masseur. I haven’t been tact­less enough to ask if he does “full-release” mas­sage (and I don’t have any rea­son to sus­pect that he is). Some­times Justin has clients over to the house. oth­er times he goes to his clients’ houses.

    The pre­sump­tion seems to be that hav­ing clients come to the house for mas­sages is ille­gal. I’m not doing any busi­ness out of the home at all any­more, haven’t for almost a year, and don’t plan to. But the land­lord is spin­ning a yarn that he is “turn­ing a blind eye” to what Justin is doing and that if one of the neigh­bors com­plains about a busi­ness being run in the house that he would “have to” evict the entire apartment.

    I sus­pect that he is full of shit. I also rec­og­nize that hav­ing cus­tomers come to the house is dif­fer­ent from me sit­ting at home as a telecom­muter. This actu­al­ly sounds like a zon­ing issue rather than a Rent Board issue.

    Of course, almost every­thing we take for grant­ed in SF renter’s law is out the win­dow because this house was built after 1979. We have no rent con­trol at all and once the lease is up the land­lord could quin­tu­ple the rent with only, what? 30 days notice. Some­thing like that.

    Yeah, there’s noth­ing at all in the lease that gives us any expec­ta­tion to use the garage. We had ver­bal per­mis­sion at the land­lord’s whim, and then one of us pissed off the land­lord. Whim changed predictably.

    I think as far as the room­mate being “apol­o­gy impaired” is con­cerned, the word “sin­cere” might be key. We have a lot of fur­ni­ture that belongs to the land­lord, and when we moved in, a lot more was in the space. He offered to remove any­thing we did­n’t want, and the items we declined to keep around went down to the garage. When Justin moved in, he decid­ed to sell his old bed to his old house­mate in SoCal and not move it up here to SF. All four of us were in the room dur­ing this con­ver­sa­tion when it was sug­gest­ed that he take a look in the garage and ask the land­lord if he saw any­thing that he could use.

    Justin thinks that this means we all said it would be fine and that Flo­resc­i­to would be hap­py to let him use the mat­tress. I don’t recall any of us pre­tend­ing to speak for Flo­resc­i­to; just sug­gest­ing to Justin that talk­ing to Flo­resc­i­to might get him some of the stuff he’d need to get start­ed in the apartment.

    But it is amus­ing watch­ing the log­ic of “the oth­er per­son­’s over­re­ac­tion absolves me of respon­si­bil­i­ty for pro­vok­ing the reac­tion in the first place” that seems to be going on. Frus­trat­ing, but amusing.

    “I used to be disgusted…” =^)

  4. I’l check it when I get
    I’l check it when I get home, but I signed it pret­ty recent­ly and I don’t recall it stat­ing any­thing about busi­ness use. 

    The garage space we’re SOL on; it was nev­er part of the lease; we had only ver­bal per­mis­sion, and that’s been revoked. we were giv­en 24 hours to get our stuff out of the garage. Guess what I’m doing tonight?

    It’s a lit­tle fun­ny though; most land­lords get uptight about peo­ple stor­ing bicy­cles INSIDE apart­ments. I’m not com­fort­able keep­ing the bike inside the apart­ment just because what if it falls over and bike chain grease gets on the car­pet or what­ev­er? But out­side is bad because it’s wet all the time.

    I’ve invit­ed him to name a price for month­ly bike stor­age in the garage, and if he bites I’ll get him to put it in writing.

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