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  1. #1
    Join Date
    Jan 2009
    Posts
    11

    Default How to Evict a Subtenant After the Master Tenant Moves Out

    My question involves an eviction in the state of: California (Los Angeles)

    I am a landlord for a residential property located in a rent control area of Los Angeles, CA. I'd like to know how to evict a subtenant.

    I have a month-to-month agreement with my tenant. TENANT went ahead and subleased the apartment to SUB (with my permission). TENANT and SUB have an agreement with each other (no agreement with me and SUB). Every month SUB paid the rent directly to me. TENANT gave 30 day notice that she is leaving. Since TENANT is leaving, does it mean SUB has to leave also? If SUB refuses to leave, can I evict? I don't have a direct contract with SUB.

    Thanks in advance!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: How to Evict a Subtenant After the Master Tenant Moves Out

    I would start by informing the tenant that as long as her subtenant remains in occupancy, she will continue to be in possession of the premises and will continue to owe rent.

    Have you accepted any rent from the subtenant that would apply to a rental period following the end of your tenant's notice period?

  3. #3
    Join Date
    Jan 2009
    Posts
    11

    Default Re: How to Evict a Subtenant After the Master Tenant Moves Out

    Thanks for the reply!

    Here's where it gets a bit complicated. The SUB has alleged some damages in the building that I need to repair. The contractor is working on it and will be finished in a couple of weeks. The SUB has refused to pay rent until the repairs are completed saying uninhabitable, etc....The City of LA came out for inspection and said it is livable, but just need to fix the repairs. The SUB actually filed a complaint with the City and City gave me 15 days to repair. I tried to repair ASAP but the SUB did not let me repair until 30 days later because he is trying to build a law suit against me. The SUB has a track record of filing frivolous claims with insurance companies to get compensated....Bottom line is I want this SUB out of there.

    The SUB even told me he has started to rent in another apartment and is just keeping my apartment as storage for his stuff.

    I talked with my lawyer and he said my TENANT is the "landlord" and should file eviction to her SUB. But then I called LAHD (Los Angeles Housing Department) and they said if my TENANT moves out then I can evict the SUB. So getting conflicting advise from everywhere.

    I was wondering if anyone here knows what path to take. The worst thing that can happen is I go to court for an unlawful detainer and because of a technicality the jude throws everything out.

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