Legal Question in Landlord & Tenant Law in California

Can a Property Owner Over Rule the Lease Holder

I currently have a one year lease on a four bedroom house in San Jose. The lease enables me to sublease the rooms in the house. The other three occupants have been living month to month since the first of the year. I have given them notice to move on Feb 11th (30 days or 60 days respectively). They went to the owner of the property and complained and the owner gave them more time and indicated to have them pay her the monthly rent opposed to me even though I already sent the entire rental property amount to her. Can she change the move out dates that I gave them? And can she change the way the subleases pay the rent?

Thank you.


Asked on 2/29/08, 2:46 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Can a Property Owner Over Rule the Lease Holder

It all depends on the written lease.

If you have the right to sublet, does the lease give any minimum requirement for 30 or 60 notice, and to whom rent should be paid.

If you don't have these facts in writing. I would have to take the side of the landlord, and argue that you merely have the right to sublet, nothing more.

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Answered on 3/03/08, 3:56 pm


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