Legal Question in Landlord & Tenant Law in California
Problems subletting
I sublet my apartment to a family that only needed it til the end of July. My lease ends in July so I stupidly assumed it would all work out. However it has reached the point where I feel they must vacate the property no later then the 30th of June. I am willing to give them their deposit back. However they claim that they have the right to stay as long as they wait til they find another place. Is this right? How can I get them to leave the apartment?
1 Answer from Attorneys
Re: Problems subletting
If the rent is up to date, you have problems. I have done many stupid things in my life, also, so don't be too hard on yourself.
You need to give them 30 day written notice, (obviously not going to work for June 30).
You have to give them their deposit anyway, unless there is unpaid rent, damages they have caused beyond ordinary wear and tear, or cleaning, but only if it is left dirtier than when they moved in.
They can't legally stay after July 31, whether they find another place or not. BUT, if they won't leave willingly, you have to file an unlawful detainer (i.e. eviction).
If I can give you any other advice, do not hesitate to e-mail or call.
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