Legal Question in Landlord & Tenant Law in California

I have been subletting for almost 3 months. I just found out that I was illegally sublet to. The manager said it is between myself and the tenant. Now the tenant who illegally sublet to me is threatening me to just move out. What are my rights?


Asked on 1/17/12, 3:16 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

If the lease between the landlord and the person you sublet from provides that there shall be no subletting without the landlord's approval, then yes, the landlord is correct and you are an illegal tenant. However, as between you and the person who sublet you the property, they have to give you notice and follow proper procedure - they cannot simply kick you out. That puts that tenant in a bad position, as the landlord could also start an eviction. Best to either work with the landlord to attempt to lease the property from him/her, or quickly find a new place to live and move.

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Answered on 3/05/12, 3:37 pm


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