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  1. #1
    Join Date
    Mar 2013
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    Default Re: How Can a Subtenant Remove Their Own Subtenant

    Quote Quoting HighRoad
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    My understanding, which may or not be accurate, was that I (as Sublessor) could simply choose to provide some kind of Notice of Termination of Sublease - and she would be required to leave in 60 days. However, I am most uncertain about this --- and the Subtenant is poised to be highly recalcitrant and resistant. So, in this regard, can anyone please provide me with some helpful and meaningful advice on how to get her to "move along?" Any pros/cons, considerations or concerns I need to be aware of - will also be most appreciated!
    She is your tenant, you are her landlord. Your written agreement specifies 60 days written notice so you are stuck with giving her 60 days written notice regardless of your trepidations.

    If she stays past the 60 day deadline you will have to evict her through the courts.

    If you want her out sooner try "cash for keys." That means offering her money as an inducement to move out sooner which may involve refunding the two months that she paid you and maybe more, depending on how desperate you are to get her out. If you go the "cash for keys" route, make sure you get a written agreement and don't hand over the money until she is out the door with ALL her stuff and the keys are in your hands (but change the locks anyway).

    Anyway, congratulations, you're the first person besides me who I've seen use "recalcitrant" in a sentence. It's one of my favorite words.

  2. #2
    Join Date
    Jul 2017
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    3

    Default Re: How Can a Subtenant Remove Their Own Subtenant

    Quote Quoting adjusterjack
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    She is your tenant, you are her landlord. Your written agreement specifies 60 days written notice so you are stuck with giving her 60 days written notice regardless of your trepidations.

    If she stays past the 60 day deadline you will have to evict her through the courts.

    If you want her out sooner try "cash for keys." That means offering her money as an inducement to move out sooner which may involve refunding the two months that she paid you and maybe more, depending on how desperate you are to get her out. If you go the "cash for keys" route, make sure you get a written agreement and don't hand over the money until she is out the door with ALL her stuff and the keys are in your hands (but change the locks anyway).

    Anyway, congratulations, you're the first person besides me who I've seen use "recalcitrant" in a sentence. It's one of my favorite words.
    First off, thank you for taking the time and trouble to write, Adjuster Jack.

    Secondly, glad you dug the word choice - but unfortunately, it appears to be spot-on. In lieu of "recalcitrant," I would have much rather preferred to use the term "malleable" in that spot. (LOL)

    As for "cash for keys," that may be an angle --- but it's not sounding particularly appealing. Two-plus months of "cash for keys" is a huge chunk of coin we'd be talking.

    Here's a thought: what if I bump the rent 60+ days out? Instead of padding her bank account using positive incentives (from her perspective) like cash for keys --- what if I hike the rent and give her added incentive to set up shop elsewhere? Just thinking out loud here --- though the only thing loud is my fingers hitting the keyboard here.

    Also, any further ideas or input from you A.J. (or anyone else) is warmly appreciated!

    HighRoad

    P.S. I have no idea what the Eviction Process through the Courts would even entail, but it doesn't sound fun --- and also seems like it could get expensive on that front too. <sigh>

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: How Can a Subtenant Remove Their Own Subtenant

    Quote Quoting HighRoad
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    Here's a thought: what if I bump the rent 60+ days out? Instead of padding her bank account using positive incentives (from her perspective) like cash for keys --- what if I hike the rent and give her added incentive to set up shop elsewhere?
    One of the risks there is that she pays the increased rent, makes your life even more miserable, and you start the 60 days all over again.

    Another risk is that she doesn't pay at all, you serve her a "pay or quit" notice and then have to evict her through the courts anyway.

    Quote Quoting HighRoad
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    P.S. I have no idea what the Eviction Process through the Courts would even entail, but it doesn't sound fun --- and also seems like it could get expensive on that front too. <sigh>
    Here's a guide from the CA Dept of Consumer Affairs:

    http://www.dca.ca.gov/publications/l...victions.shtml

  4. #4
    Join Date
    Sep 2005
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    Default Re: How Can a Subtenant Remove Their Own Subtenant


  5. #5
    Join Date
    Jul 2017
    Posts
    3

    Default Re: How Can a Subtenant Remove Their Own Subtenant

    Guys, do I - as the Sublessor - have this right? For me to get rid of the problem subtenant, I need to:

    (1) Provide the Subtenant with Written Notice to Vacate;
    (2) Endure the 60 day period as set forth in the Sublease; and
    (3) Should the Subtenant not vacate per the terms of the Sublease, I will then have to commence eviction proceedings per the links you each were kind enough to share.

    Do I need to *justify* the eviction, as I thought I could simply provide Notice of Termination of Sublease - and then the Subtenant would no longer be entitled to possessory rights. Will the Courts give me any problems? If so, what kinds of issues could arise? And is there anything else I need to know?

    Thanks guys (and any gals out there who join in too).

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