Legal Question in Landlord & Tenant Law in California

I've been living in a sublet for 3 years. The original lessee disappeared 15 years ago, Nevertheless, it has been a sublet since. I don't know all the history or how many people have lived here prior to the girl I sublet from. My "landlord" moved back to NYC and told me verbally last year she would not be returning, and that I could "have " the space.

Yesterday, I got a call from the super on site that the original lessee, the only official lessee, has resurfaced and wants his apartment back. He has determined that 3 months should be adequate for me to relocate. What, if any, rights do I have in retaining the residence? The super has approved all of these sublets as he lives in the building and it would have not been possible to have had so many different tenants without his approval. I know he knows the "situation" and did the previous tennant's as well.

Not knowing any of the history, there is only 1 trunk of belongings from the original lessee which remain here after all this time. None of the furnishings belong to him and the place has not been painted or cleaned or modified or updated in all of the 15 years the lessee was absent. I paid for it to be scrubbed before I moved in and did so again recently. I have paid all rent increases over the last 3 years as executed but have never had the benefit of having the apartment refurbished to match all the other units in the building.

I want to stay. It is my home. What can I do?

Thank you,

Maria Montana

Los Angeles


Asked on 10/04/10, 7:47 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Who is the landlord? If the original lessee has not paid any rent for 15 years the landlord would have evicted hjim a long time ago [even wtih rent control, failure to pay rent is a valid basis for eviction]. Contact the owner of the property and find out if the original lease still exists and if it does will he cancel it in favor of your signing a new lease. If the original lease is still in effect, you need to check with the Rent Control Board as to your rights.

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Answered on 10/09/10, 9:07 pm


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