Can a Lessee Evict Subtenants if the Landlord is Unable to Assist
My question involves landlord-tenant law in the State of: California (Los Angeles County)
I am leasing a house from my Grandmother who lives out of the country. Recently my grandmother has been suffering from dementia and is no longer able to manage her property.
I have been subleasing rooms from the house to support her and recently one of my subtenants have stopped paying rent. The subtenant is now staying past their move out date and squatting. I realize I must begin eviction proceedings however am not sure how to proceed. Can I evict the subtenant? If not, how can I have them evicted if my grandmother is sick?
Re: Can I (Leasee) Evict a Subtenant if My Landlord is Unable to Due to Health Reason
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Quoting
jacarand
Can I evict the subtenant?
Not only can you but you have to.
The subtenant is your tenant and you are that tenant's landlord. The rental agreement is between you and the tenant so you have every right to evict for non-payment.
Learn how at the CA court's self help web pages:
http://www.courts.ca.gov/selfhelp-eviction.htm
Once you are familiar with the basics look at the top of the page and click on the Forms and Rules tab.
Re: Can I (Leasee) Evict a Subtenant if My Landlord is Unable to Due to Health Reason
What is not clear to me is this. If the grant deed is under my Grandmother's name and I am leasing from her, that makes me the legal landlord? Therefore I can evict subtenants even when though I am not the property owner?
Re: Can I (Leasee) Evict a Subtenant if My Landlord is Unable to Due to Health Reason
Quote:
Quoting
jacarand
What is not clear to me is this. If the grant deed is under my Grandmother's name and I am leasing from her, that makes me the legal landlord? Therefore I can evict subtenants even when though I am not the property owner?
Your grandmother is YOUR landlord. You are the landlord of your subtenants. Therefore yes, you and you alone can evict a subtenant.
Re: Can I (Leasee) Evict a Subtenant if My Landlord is Unable to Due to Health Reason
Quote:
Quoting
jacarand
What is not clear to me is this. If the grant deed is under my Grandmother's name and I am leasing from her, that makes me the legal landlord? Therefore I can evict subtenants even when though I am not the property owner?
Ownership has nothing to do with the rental agreement between you and your tenants (subtenants, actually).
So, yes, you can evict even though you are not the property owner.
Re: Can I (Leasee) Evict a Subtenant if My Landlord is Unable to Due to Health Reason
Okay thank you all for your responses, I left one more detail out. I currently live in the home with the subtenants, does that change the situation at all? Or is it the same as above?
Re: Can I (Leasee) Evict a Subtenant if My Landlord is Unable to Due to Health Reason
Quote:
Quoting
jacarand
Okay thank you all for your responses, I left one more detail out. I currently live in the home with the subtenants, does that change the situation at all? Or is it the same as above?
Same as above.
You get to evict.