Legal Question in Landlord & Tenant Law in California

Hi,

We sublet one room of our 3 br apartment back in April month to month. Every month its been a struggle to collect the rent and the deposit is till not paid in full. Past Tuesday (6/16) we verbally informed the person that we are planning to move out and give 30 days notice. The person said that she would be interested in taking over the lease and would need some time to figure things out. we agreed to wait till Friday (6/19) and if we wouldn't hear anything from her give our 30 days notice. We turned in our 30 days notice Friday and let her know that we are planning on moving out by 6/28.

My question: is there a way that she has to move out with us the same day? In her mind she intents to stay the 30 days that she has according to her sublease agreement.


Asked on 6/20/15, 2:03 pm

1 Answer from Attorneys
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

You are on the lease with your landlord. She is not. You need to get her out at the same time or before you leave. If she stays, you will be responsible for the rent and the landlord will include you as a defendant in any unlawful detainer lawsuit. She can stay if you do not give her sufficient notice. Your situation is complicated, especially since you have limited time. You may want to contact a local landlord tenant attorney for a consultation. It might be worth it for you to give her a break on the rent or relocation money to leave early. You absolutely need to make sure she is gone before you leave or you will have problems.

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Answered on 6/22/15, 8:34 am


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