Legal Question in Real Estate Law in California

I have been sub-renting for 10 years from my housemate whom has been leasing from the owners of the apartment for >12 years. He passed away. I am not on the lease technically. I would prefer to keep living here. What are my rights as a sub-renter of 10 years if the owners ask me to move? What time frame will be allotted to me if I am asked to move? Do I have to be provided with a specific legal notification to vacate?

Asked on 7/13/22, 1:21 pm

1 Answer from Attorneys

Timothy McCormick Schneider, Holtz & Hutchison

Generally a sub-tenant only has the rights passed through from the master tenant. If the master tenant loses the right of occupancy, so does the sub-tenant. Some local counties or cities have ordinances that require a landlord to offer to let a sub-tenant the opportunity to rent the property on the same terms as the master tenant if the master tenant gives up the tenancy. In the absence of such a law, many landlords are perfectly happy to enter into a new rental agreement with a good sub-tenant rather than have to go to the trouble of finding a new tenant. I suggest you contact a local tenants rights group in your community regarding your local rights and then approach the landlord and see what you can work out to take over the lease or enter into a new one.

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Answered on 7/14/22, 12:03 pm

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