I live in San Francisco and I am the master tenant who has a roommate that is not on the lease, he is living there with a verbal agreement.

The problem is, my roommate asked if he could get a dog. I said that would be great, let's go for it, BUT, I was not sure what the landlord would say or if we were even allowed to have a dog. He got the dog. I freaked out and told him that he should have waited until we spoke to the landlord and we need to tell them that there is a dog now. That the landlord might say that there are no dogs allowed and/or they might require a deposit. I also said that he should be prepared to bring the dog back. His reply was that he didn't have any money to pay a deposit and that if needed he would go pay a doctor for a note stating that he needed to have a dog. I said that I didn't think that would fly with the landlord since he is not on the lease.

I spoke to my landlord's son and explained that my roommate got a dog and we wanted permission to allow the dog to stay there. That if need be, we would pay a deposit. The son asked me to write a note expressing all of this and he would discuss with his mother (landlord). The note was written on 3/3/09 and I just received word back today 3/26/09 first apologizing for the delay in response, mother was on vacation. The note also stated, that the landlord does not allow dogs. That they ask that we respect their decision. Of course I do, I don't want to jeopardize my living situation for someone I rented a room to who decides to get a dog.

What I wondering is -what are my rights as the master tenant? I would like to give him notice and I'm understanding that he has a dog. I want to ask my landlord if I can give my roommate 30 days to either A)find a home for the dog or B)find a new place for both of them.
With that in mind, do I have a right to ask him to leave?
Can he use the fact that he has a right to have a dog because he has a special token allowing him to bring his dog with him everywhere?
side note: he did not move in w/the animal and just paid a doctor to get this token.
I want him out anyway, so it's a blessing in disguise. I have not enjoyed living with him since the day he moved in.

Help!

JudyKayTee

You can evict your roommate if you have just cause under California law.

Is that your question?

If you say "no dog" and he has a dog, that's just cause.

Lowtax4eva

I wouldnt bother getting the landlords permission to ask your roommate to leave, if this roommate didnt sign a one year lease ask him to leave.

You should probably give him 30 days though as I would assume this would legally be a month to month thing.

Plus if you wanted him gone anyways dont give him the option of getting rid of the dog... just ask him to go.