Legal Question in Landlord & Tenant Law in California

Re: Problem with tenants

I am busy for most of the afternoon, but I'll get back to you later in the day.

However, a quick answer is to have a three party walk-through regarding damage among your landlord, your subtenants, and you. If you can reach satisfactory agreement fine, if not, I have some other ideas. You don't need an escrow account.

Be back later.

Re: Problem with tenants

Sorry it took so long to get back to you.

Even though you are subletting, the law considers you the same as a landlord.

Because there isn't enough time, unless they agree, you can't get them out by the 30th of June. You have to serve the 3 day notice and then an unlawful detainer.

The law is clear that a tenant is responsible for damages caused by the tenant(s) and invited guest(s). By having the 3 party walk through, you can immediately find if there is damage, and was it damaged by you, the subtenants, or was already damaged at your move-in. (The landlord is responsible for ordinary wear and tear).

Also important is to check the cleanliness. The law is that if the property is at least as clean on moving out, as it was moving in, the previous tenant has no responsibility to clean further. But, if it is not as clean, the tenant moving out is responsible for cleaning, and the reasonable cost of cleaning (other than ordinary wear and tear) is to be deducted from the deposit of the tenant who is leaving.

Get everything in writing, and signed by the new tenants, and the landlord (obviously, keep a copy for your records).

Despite the advice from another attorney, I would file the unlawful detainer only as a last resort. It is an expensive answer to your problems.

You may want to consider having an attorney write a strong letter to your subtenants, especially regarding the escrow situation. If there are any other questions, please feel free to e-mail, or call, me.