Legal Question in Landlord & Tenant Law in California

Hi there. I have a question surrounding residential housing/a lease. I signed a lease in May which I then transferred/sublet for September - May (the remaining duration of the lease). My new accommodations are not working out, however, and I would be inclined to potentially move back if possible. I have signed a contract with the new tenant detailing the takeover (created by me and not the landlord) and there are text receipts from the landlord confirming lease transfer upon receiving a co-signer form and application which were submitted by the new tenant. Is there anything I can do to break that contract and thus evict the tenant and reclaim residency? Do I have any sort of seniority? There is also a new contract I have entered into, but I have to see if I can get out of it.


Asked on 9/14/22, 11:29 pm

1 Answer from Attorneys

Not really. You effectively became the landlord of your subtenant. They have all the rights of a tenant against you as a landlord. As long as they comply with the terms of the sublet, they are entitled to stay. You also have to be aware that you are a BERKELEY landlord in this situation. So be very, Very, VERY careful that you fully comply with the Berkeley Rent Ordinance if you are thinking of trying to offer a buy out or other incentive to your subtenant to move out. There are big fat fines and penalties for not crossing every i and dotting every t in dealing with Berkeley tenants.

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Answered on 9/15/22, 9:50 am


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