Legal Question in Real Estate Law in California

Sub landlord Wants to Evict

Had 1 yr. lease w/owner of a condo, now I'm month to month. I rented a room to someone for min. 3 mos...It's been 3 months and now I want her out.She's an alcoholic and a real headache. The owner of the condo doesn't know she is there. Do I have to give this person 30 days notice, or can I make her leave sooner. I'm afraid she might destroy the place or do something else??? before the 30 days is up.


Asked on 11/08/07, 5:12 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Sub landlord Wants to Evict

You have to give notice and otherwise conduct your business with her just as a primary landlord would.

Your deal with her was somewhat defective in that you promised more (minimum 3 months) that you were in a position to deliver (as a month-to-month tenant yourself), but that's in the past, and no harm done.

If you had leased to her for a definite term, it would be unnecessary to give notice - for example, a three-month lease ends and the tenant's rights run out, with or without notice, at that time. However, "minimum three months" is open ended and notice is required.

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Answered on 11/08/07, 11:29 am


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