Legal Question in Landlord & Tenant Law in California

I sublet rooms in the house I rent. We have 2 tenants. The first tenant gave notice and is moving on 3/29. The second tenant is bipolar and has been increasingly erratic and prone to passive aggressive acts like unplugging the fridge and stealing small items. After her last breakdown which included her throwing out everything in our personal fridge (we have one for them and one for us) and 12 hours of manical laughter, sobbing and talking to herself, we called the sheriff for a mental health check. The sheriff took her to the local mental health office. She returned to the house 3 hours later and gave 30 days notice on 3/14. Her last day is to be 4/14 and partial rent due on 4/4.

On 3/26, she asked withdraw her 30 day notice. I denied that request because she has not been a good tenant the last two months. I have also decided to move, due to issues involving the neighbors nuisance dogs. Do I have to do through the normal eviction process or can I call the sheriff to have her removed if she does not vacate after the 14th? Can I give her a 3 day notice if she does not pay the partial month rent on 4/4? If not, can I have the sheriff remove her? I do not want to go through the eviction process if possible as that will also affect my move out plans.


Asked on 3/27/13, 11:05 am

1 Answer from Attorneys

Since you have more than one lodger, they have full tenant rights and a UD would be required to remove them for cause, whatever it may be. You will have to follow the UD process. However, their subleases are only valid as long as your lease is in effect, so they have no rights to stay once your lease or rental agreement terminates.

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Answered on 3/27/13, 11:49 am


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