Legal Question in Landlord & Tenant Law in California

I live in an apartment in California.

I subleased a room a year ago and the lease is expiring at the end of this month.

I gave the subtenant a 30 days notice to leave few days ago.

However, the subtenant brought to my attention that it should be a 60 day notice and that the prorated rent is incorrect and therefore he will not leave.

I asked if he agrees to a revision to which he said no.

Am I allowed to give him a revised notice with the correct terms or should I just stick to the original notice?

thank you!


Asked on 9/26/16, 2:51 pm

1 Answer from Attorneys

If the lease is up you don't even have to give notice. A sublease automatically is subject to the terms of the master lease. If the master lease is up, the sublease ends with it. If what you mean is the sublease is up at the end of the month, the same is true unless the sublease requires notice at the end of the term or it renews or rolls over to month to month. Unless there is a notice required in a lease or sublease, it just ends when the term is up. No further notice required. Any tenant or sub-tenant who stays past the end is guilty of unlawful detainer and can be evicted the same as if they failed to pay rent (as long as the landlord or master tenant does not accept rent for any time past the end of the lease).

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Answered on 9/27/16, 8:41 am


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