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  1. #1
    Join Date
    Mar 2018
    Posts
    1

    Default Can You Move a Subtenant's Belongings if He Doesn't Move Out After Being Given Notice

    Hi, I'm in California, and I'm subleasing a bedroom to someone who has been given a 3-day notice to pay rent or quit, and who has told me that he won't move the rest of his stuff out or return his keys until I return his security deposit. I've told him I get 21 days. He says he's going to squat until I pay him.

    He moved most of his stuff out already, but his bed is still in his room and he sleeps there every night.

    I already have someone ready to take that room and pay rent. Can I legally move his bed to the common area and let the new tenant move in?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can I move my subtenant's bed to the common area if they squat after a 3-Day Noti

    Quote Quoting Pheed
    View Post
    Hi, I'm in California, and I'm subleasing a bedroom to someone who has been given a 3-day notice to pay rent or quit, and who has told me that he won't move the rest of his stuff out or return his keys until I return his security deposit. I've told him I get 21 days. He says he's going to squat until I pay him.

    He moved most of his stuff out already, but his bed is still in his room and he sleeps there every night.

    I already have someone ready to take that room and pay rent. Can I legally move his bed to the common area and let the new tenant move in?
    Nope...that would be a self help eviction and that is not legal. You have to file for eviction in court and have a judge order him out. If you want him out quickly, give him back his freaking deposit.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can I move my subtenant's bed to the common area if they squat after a 3-Day Noti

    Or tell him his deposit will be used up for the days his stuff is still there and then the court will allow you to dispose of his stuff, at the same time trashing his rental history.

    Or, tell him you'll give him his deposit on the day he removes his stuff and returns the keys.

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