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  1. #1
    Join Date
    Jun 2015
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    5

    Default 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?

  2. #2
    Join Date
    Mar 2013
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    17,505

    Default Re: Can I (Leasee) Evict a Subtenant if My Landlord is Unable to Due to Health Reason

    Quote Quoting jacarand
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    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.

  3. #3
    Join Date
    Jun 2015
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    5

    Default 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?

  4. #4
    Join Date
    Oct 2006
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    15,935

    Default Re: Can I (Leasee) Evict a Subtenant if My Landlord is Unable to Due to Health Reason

    Quote Quoting jacarand
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    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.

  5. #5
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    Mar 2013
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    Default Re: Can I (Leasee) Evict a Subtenant if My Landlord is Unable to Due to Health Reason

    Quote Quoting jacarand
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    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.

  6. #6
    Join Date
    Jun 2015
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    5

    Default 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?

  7. #7
    Join Date
    Mar 2013
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    Default Re: Can I (Leasee) Evict a Subtenant if My Landlord is Unable to Due to Health Reason

    Quote Quoting jacarand
    View Post
    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.

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