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  1. #1
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    Mar 2016
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    Default What Are a Subtenant's Rights if the Subtenancy Turns Out to Be Unauthorized

    My question involves landlord-tenant law in the State of: California

    I am subletting a room in Los Angeles from a person who is renting an apartment from the landlord
    In my contract it is claimed that person has the right to the property and they requested my ID to forward the landlord. I've stayed here for a few months and have established residency in good faith.
    However, I've realized this person lied about many things and starting to fear the landlord does not know of my existence. Now that person is moving out but intends to continue renting and subletting the entire apartment.
    My question is - if I pay May's rent and the landlord really isn't aware of this sublet and did not agree I stay here - what are my rights?
    Can I be theoretically evicted by the landlord May 1st? Am I a tenant or a squatter?

    Many thanks!

  2. #2
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    Default Re: What Are a Subtenant's Rights if the Subtenancy Turns Out to Be Unauthorized

    Your contract is with your landlord, not your landlord's landlord. If your landlord is unable to honor the sublease, you will have potential legal recourse against your landlord (the tenant from whom you are subletting) if you are forced to vacate without proper notice or in violation of the term of your sublease.

  3. #3
    Join Date
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    Default Re: What Are a Subtenant's Rights if the Subtenancy Turns Out to Be Unauthorized

    I wish to avoid taking legal actions against my landlord (the tenant) and want to try and see what rights do I have, if any

    Suppose my landlord decides to end his contract May 1st without letting me know, and I have already paid my rent on April 25th (which is my due date). My landlord leaves the premise May 1st basically leaving me "exposed". The question is - Am I considered a tenant and the actual owner of the property has to evict me or am I a squatter and he can just call police on me?
    the property is in Los Angeles, CA
    (by the way there are other tenants in the house so the single lodger law doesn't apply here)

  4. #4
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    Default Re: What Are a Subtenant's Rights if the Subtenancy Turns Out to Be Unauthorized

    Quote Quoting michaer
    View Post
    I wish to avoid taking legal actions against my landlord (the tenant) and want to try and see what rights do I have, if any

    Suppose my landlord decides to end his contract May 1st without letting me know, and I have already paid my rent on April 25th (which is my due date). My landlord leaves the premise May 1st basically leaving me "exposed". The question is - Am I considered a tenant and the actual owner of the property has to evict me or am I a squatter and he can just call police on me?
    the property is in Los Angeles, CA
    (by the way there are other tenants in the house so the single lodger law doesn't apply here)
    Do you know when the actual tenant's lease expires?

    You could always contact the actual landlord and talk to them before paying May's rent.

  5. #5
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    Default Re: What Are a Subtenant's Rights if the Subtenancy Turns Out to Be Unauthorized

    If your landlord breaches his contract with you, such as causing his own tenancy to end without proper notice to you such that you lose your right of possession, you have recourse against him.

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