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  1. #1
    Join Date
    Feb 2017
    Location
    N CA
    Posts
    1

    Default Tricked into Subleasing an Apartment by Somebody Who Wasn't a Tenant

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

    My daughter moved up to Folsom. Met a kid at her school when she was looking to rent a room. He said you can rent a room from me. Im living with a family friend who has been renting an apartment. Next month, "you and I can take over the lease." OK.

    The young man was a student athlete at her school. We paid rent to the family friend for thirty days. I wrote on the check; rent from x to x for x address and the persons name. this was Jan 15 ,17 to Feb 15 2017.

    The person who we were subleasing from actually came over and met my daughter and he said Im moving out Feb 1. Thats the only time she met him. Today Feb 6, we get a knock on the door by the management saying the lease is expired Feb 10, 2017. Surprise, the name on the lease is no name I recognize!! Not any of the names we paid or the kid my daughter goes to school with.

    It is my understanding that my daughter has a sublease, and that since she has a key and living in the apartment she and all people living in the apartment have to be 1) be given a 30 day notice to pay or quit then if they dont pay they can start the eviction process. It is my understanding that since my daughter is a victim the apartment may want to work with her? This was not really covered in contracts class...

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

    Default Re: Tricked into Subleasing an Apartment by Somebody Who Wasn't a Tenant

    If some random person charged you rent to move into a place that they had no legal right to rent to you, falling for their scam doesn't make you a tenant. Your daughter can and should report the act of fraud to the police but, if she won't leave the home, the actual owner of the property can remove her as a trespasser. Certainly she may to try to negotiate a rental agreement with the actual landlord.

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