Legal Question in Landlord & Tenant Law in California

Eviction Notice 2

I currently live in a 4 bedroom house with 3 other tenants. We have leases until with the property owner, who does live on site, until Dec 31st 2007. I just signed a new lease with the landlord to lease the entire property As of Jan 1st and she will allow me to sublease the other rooms. I am going to give 30 days� notices to the current occupants on Jan 1. In order to re-rent those rooms to new tenants I need access to those rooms to show it. Do I have the same right as a landlord to give 24 hour notice to enter those room and show it? If not what are my options? Are there any other foreseeable hurdles, legally or otherwise, I may come across?

Thank you in advance.


Asked on 12/07/07, 5:52 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Eviction Notice 2

There are several complicating circumstances. You probably have a master lease with landlord, and you supply your own leases to subtenants.

Any tenant who has lived in the house over one year needs 60 days notice. Also, make sure you are involved in negotiating who pays, and receives deposits.

You would have reasonable rights to show the rooms after January 1, but you must give at least 24 hour notice, and still make an appointment. You are mistaken that landlord can enter with merely giving a 24 hour notice.

You have several hurdles. If you are not familiar with landlord tenant law, I suggest you retain an attorney to advise you. For instance, who would pay costs of evicting a tenant, since you are probably looking at between $600-$1,000 for court costs, attorney fees, etc.?

Also, who is to carry liability insurance?

Will the landlord be available to sign the complaint, if and when you need to file an unlawful detainer?

Who is responsible for repairs? Who is responsible when tenant damages the property, is evicted, and is to broke to pay for repairs.

Also, renting a room in a house is substantially different from renting an apartment, or entire house.

There is far too much to answer in limited space here, and I have limited time.

I suggest you go to various search engines and read the material on the duties of a tenant to subtenants.

You are welcome. But a word of caution...you may be "biting off more than you can chew".

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Answered on 12/08/07, 6:26 am


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