Legal Question in Landlord & Tenant Law in California

I am the lease holder of my apartment, and one of my roommates who is subletting from me has not paid her rent and has no means of paying her rent. I am currently unemployed and I cannot afford to cover her rent, neither can my other roommate.

She did not communicate this to me in late October and now it is November 12th and my landlord is requesting the rest of his owed rent. Do I have any legal recourse?

She also bounced her rent check to the landlord and turned the check in late and post dated.

I have tried several times to try to get her to give me a definite date as to when she will pay her rent. She cannot give me one. I have begun to look fora new roommate to replace her. Can I force her out legally?


Asked on 11/12/13, 10:36 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Your post is confusing. First you state that she is your subtenant, which would make you her landlord. Then you state that she bounced her check to the landlord, and you refer to the landlord in the third person, which means she is not your subtenant, but rather a cotenant. If she is your cotenant, meaning she pays rent to the landlord, you cannot evict her, and you are responsible to your own landlord anyway.

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Answered on 11/13/13, 10:11 am


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