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Sub tenant rights in California.?

Discuss anything to do with property law - buying, selling property

Sub tenant rights in California.?

Postby hussein » Mon Jul 02, 2012 8:22 am

I am the sub tenant. If I can provide copies of checks for rent I have written is this proof of my tenancy?
I always wrote in the memo what the check was for, for example, "Rent July 2012"
I have an oral agreement and no lease on paper.
Will these checks be enough to prove I live here?
Also I am in California and have lived here for a year and a half. Is my master tenant required to give me 60 days notice? Also, let's pretend that the property owner was never ok with his tenant subleasing to me. Will this effect me at all. Do I still have 60 days to vacate even if my master tenant violated his lease agreement and the no subleasing terms.
What rights and options do I have.
hussein
 
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Sub tenant rights in California.?

Postby reuben29 » Mon Jul 02, 2012 8:26 am

A sub-lessee is not the same as the lessee. You dont get 60 days notice. Your contract is with the lessee, not the landlord and if you are renting a room, assuming you are a legal tenant, you get 30 days. I dont know what your question is about.
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Sub tenant rights in California.?

Postby syvwkh » Mon Jul 02, 2012 8:34 am

Sorry Flower.

Your rights are the same as any other tenant, you are entitled to a 60 day notice to vacate, as long as rent is up to date (3 days if not) from your landlord, the other tenant.

Your problem lies with the real landlord though. You are not their tenant. They can evict their tenant for illegally subleasing and when they are evicted you go out too. Your tenant rights only extend to your landlord, not your landlords landlord.
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Sub tenant rights in California.?

Postby hwistlere31 » Mon Jul 02, 2012 8:37 am

Specifically where you live in CA will affect your rights. If there is rent control of any sort in your area it may apply to you regardless of who you paid the rent to. If you paid the rent directly to the landlord, your tenancy may supercede the "master tenant". If you paid it to the tenant then it may or may not, depending on whether the landlord was actually aware (and you can prove he was aware) of your tenancy. It would pay to talk to an attorney.

http://www.landlord.com/guide_to_eviction_process_ca_summary.htm

This link is for landlords, but it pays to know what you're up against. Assuming you don't live in a rent controlled city, all the landlord has to do is serve notice on the master tenant. Since you've sublet for a year and a half, the landlord must give him 60 days. You don't really have any rights in the matter - the master tenant is your landlord, not the property owner. The master tenant can in fact be evicted for having rented to you - and the same 60 days notice is all the both of you get.

A three day notice is usually filed to make the tenant pay rent or quit (leave the premises), or abate a violation of the lease: your being there as a subtenant. You can fight this, but understand you are only buying time. You and the master tenant must file an answer with the court (this is the beginning of the lawsuit to evict you). At that point all eviction activity is stayed, but the court hears evictions quickly so you only have a month or two to leave. And you will leave.

Also you should understand that the interests of the master tenant aren't the same as yours: get your own attorney.
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Sub tenant rights in California.?

Postby josephus » Mon Jul 02, 2012 8:42 am

Under California Law, if the rental contract between the Lessee and Lessor has a "No Sub Leese" clause, the Lessor does not have to honor any contract implied or written between the Lessee and Sub-lesse. However, the Lessor must follow the same eviction procedure for an illegal Sub-lessee as the he would for the Lessee.

Basically the owner or property manager can give you an eviction notice the same as a month to month tenant and force you to move. Keep in mind California Law provides for accelerated eviction (less time) when the Land Lord does not receive the rent. That means if the Lessee did not pay the Land Lord the rent, The Sub-lessee also gets thrown out quicker too. Nothing requires the land lord to continue to loose money due to a bad renter.

Yes, the checks will prove in court you have been a tenant, although you may have been an illegal tenant. The eviction process is the same for an illegal tenant as for a legal tenant.
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