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  1. #1
    Join Date
    Jul 2017
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    Default How Can a Subtenant Remove Their Own Subtenant

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

    I am a Sublessor who was forced to seek a roommate after the shocking and unexpected loss of my amazing, precious wonderfully unique and irreplaceable fiancee to complications from surgery.

    Long story short, this woman pleaded with me to take her over all other candidates - and really did a good "sell job" on how she would be the perfect Subtenant.

    Well, when the rubber met the road - it turns out that she's been very very far from perfect - and is not the person she represented herself as. To wit, the following character traits have emerged as apt descriptors of her mental and emotional make-up: highly manipulative, deceitful, self-absorbed, possesses "selective" memory (for those familiar with that dynamic); she makes things up or she takes partial truths that she grossly distorts to create misleading lies (portrayed as truthful); and she doesn't seem like the most stable person psychologically. I have tried to take the high road with her, but all she does in response is to violently slam doors and toilet seats and that sort of childish behavior. Oh, and she fumes about conflicts with co-workers, her family and pretty much everything (and that list now includes me because I asked her to honor one of her promises). This person has a lot of pent up rage - and I don't think it's best to continue living with her. However, she has paid her rent - and wants to dig her heels in and not only stay - but make my life more miserable than it already is.

    As for facts about the Sublease Agreement, I have included what I believe to be the relevant provisions.

    TERM: Subject to the terms and conditions of this Sublease Agreement, Sublessor rents to Sublessee, and Sublessor rents from landlord, for residential purposes only, the premises located at [ADDRESS] on a bi-month-to-bi-month (60 day) term that shall automatically renew at the start of each month for the next two month period henceforth, unless or until Sublessor and/or Subtenant opt to terminate the Sublease Agreement (as set forth below) and in compliance with paragraph 6. The premises shall be occupied by Sublessor '[ME] and Sublessee [HER], commencing on April 1, 2017.

    AGREEMENT TERMINATION: Except as prohibited by law, this Sublease Agreement may be terminated by Sublessor or Sublessee, through the provision of 60-days’ written notice to the other. This subtenancy may be terminated at any time on or after July 1, 2017 by either Sublessor or Subtenant by providing written 60 day notice of termination. Aside from the subsequent joint agreement of Sublessor and Sublessee, there shall be no holding over under the terms of this Sublease Agreement under any circumstances. Any holding over thereafter shall result in Subtenant being liable to Sublessor for prorated daily rental damages, related consequential damages, treble damages and such other damages determined equitable and fair by a court of law.

    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!

  2. #2
    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.

  3. #3
    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>

  4. #4
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    Mar 2013
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    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
    View Post

    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

  5. #5
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    Default Re: How Can a Subtenant Remove Their Own Subtenant


  6. #6
    Join Date
    Jul 2017
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    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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