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  1. #1

    Default Re: How to Evict A Subtenant Not On The Lease in California

    I have a similar situation so I figured I wouldn't make a new post about it. Currently, I made an agreement to have 2 people move in as subleasers just for the summer. However, I recently visited and there are around 7 people living there? Also, they're still a week past due for rent. I just want them out of there now. They've been a headache from the start.

    Can I give them this 3 day notice:
    3-Day Notice to Perform Covenants or Quit Landlords can use this kind of notice if the tenant is breaking the lease or rental agreement and the problem can be fixed. For example, if the tenant is subletting the unit, not keeping the unit clean or some other violation of the agreement, the notice must ask the tenant to correct the violation within 3 days or move out.

    I believe I can cause they are clearly violating the terms of the lease.
    PLEASE HELP!!!!!

    Also, what happens if they don't follow the terms in 3 days? Can I call the police?

  2. #2
    Join Date
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    Default Re: How to Evict A Subtenant Not On The Lease in California

    Quote Quoting Mr. Knowitall
    View Post
    You would need to evict them. You can either provide proper notice now, or wait until the end of June to see if they in fact move out on their own.
    As the linked material from the thread where you originally posted states, if they respond to a three-day notice to "pay or quit" or to "Perform Covenants or Quit" by paying their rent or following the covenants, they get to stay. If they don't respond to the three-day notice, you have to evict them. At least from what you have posted so far, I doubt that the violations you describe rise to a level which would support a general "3-Day Notice to Quit" based on nuisance-type conduct. And as with the other notices, if they don't move you have to initiate eviction proceedings.

  3. #3

    Default Re: How to Evict A Subtenant Not On The Lease in California

    Well, if they have 7 people living there and the master lease says only up to 3 people can live at the premises. Can I serve them a 3 day to perform covenant or quit?

    If I do, then I serve them with the 30-Day, correct? I cannot just serve them the 30-day right away, I'm guessing. Thanks.

  4. #4

    Default Re: How to Evict A Subtenant Not On The Lease in California

    Let me explain the situation clearly. I subleased (verbal, I know I messed up) to two tenants, Nick and Will. They subleased it out to 7 people and I was unaware of this until the property management company called me to tell me this. Right now, I want to evict them because I know it takes awhile and I want to be sure that they'll be gone by the time I have to go back for school.

    So, I only know the names of the two people that I had originally dealt with. Do I put their names as well on the Unlawful Detainer. I don't know them though. Anyone have a clear idea as to how am I am supposed to handle this.

    As of now, I am going there tonight to give them a 3-Day to perform covenant (because they have 7 people living there and that breaks the master lease). Then I'm assuming if they don't comply (which I doubt they will) I file an Unlawful Detainer. But since the two people I dealt with aren't the ones living there, how do I deal with the situation. Any help would be greatly appreciated.

  5. #5

    Default Re: Evicting Subtenants

    You have NOTHING in writing except a lease between YOU and your LL so it's YOUR BUTT on the line here for eviction. I just want to make sure YOU fully understand that. You have no proof of a sublease existence OR that your LL OK'd it and regardless you are STILL the one responsible entirely for the terms of the lease of the property to your LL.

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