Legal Question in Administrative Law in California

Do rent receipts indicate an agreement to sublease?


Asked on 2/01/10, 11:39 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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Answered on 2/07/10, 7:42 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd say that rent receipts are evidence of payment of rent. If the rent was paid to someone who is not the primary landlord, but rather is the tenant, that would tend to show that the person who paid the rent was probably a subtenant of the person (tenant) to whom the rent was paid.

Then, since we have established - sort of - that there is a subtenancy, I'd say there is also a rebuttable presumption that the tenant and subtenant have some kind of agreement.

None of the foregoing says anything about the terms of the sublease (except perhaps the amount and due dates of the rent), whether it is enforceable, or whether the landlord or the master lease allow such subletting.

So, these rent receipts you mention (but don't describe) may be evidence of something, but whether they ultimately prove much is pretty doubtful.

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Answered on 2/07/10, 8:35 am
Terry A. Nelson Nelson & Lawless

"Rent" is not paid under a lease, only under a rental agreement.

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Answered on 2/08/10, 2:08 pm


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