Legal Question in Landlord & Tenant Law in California

hello, i have been subletting my friend's apartment for the last two years, but almost a year ago, she and her boyfriend returned. the past several months i have been paying the full rent for the aprtment, all the while they are living here and not paying me a dime. they don't have jobs, and are baiting my by saying that their "record deal" is almost done, and they will be able to pay me back, but this isn't going to happen. every month that i stay is more money that i can kiss goodbye, and i'm broke, and can't afford to keep up this charade. my friend claims that i am still the subletter, and am responsible for the rent, and she doen't want to lose this aprtment, so she makes me pay, and doesn't go get a job herself and try to contribute a dime. the two of them just sit around all day and wait for Daddy(me) to pay the rent. the property manager lives onsite and kows i am subletting, and knows that they are back living here again. the lease terms for her at this point w/ the landlord are month-to-month, so I would like to know what my rights are. what should i do, stay, and try get her evicted, b/c I have been the one whose been paying the full rent, and she has been freeloading of me, in her own damn apartment! should i renegotiate w/ the landlord to try to get her thrown out, or what. i just feel like paying full rent to support three people who clearly are taking advantage of me.

thanks


Asked on 10/20/09, 2:57 pm

1 Answer from Attorneys

Since they hold the lease, your only option you have without the cooperation of the landlord/manager, is to move out yourself. If the landlord/manager is willing to cooperate, however, you might be able to get them to terminate the tenancy and then lease directly to you. At that point the "friend" and her boyfriend become trespassers and you can simply have the police remove them if they won't pay you rent or leave.

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Answered on 10/20/09, 5:35 pm


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