Legal Question in Landlord & Tenant Law in California
My uncle is a Landlord in Southern California in a city without rent control. He had a master tenant who sublet to Couple A. I believe this was done with my uncle's consent. The master tenant has since left and this subtenant continued to pay rent.
This subtenant is now refusing to pay rent because Couple B moved in. Couple A and Couple B are having problems and do not get along. My uncle is saying that because Couple A signed a contract that says if they don't pay rent, my uncle has the right to lock them out. I strongly advised my uncle against locking doors whatever the contract says because I'm pretty sure that's against the law.
What is my uncle's relationship to Couple A now that the master tenant has moved out? What will the eviction process look like for Couple A? What kind of contract should he have Couple B sign?
1 Answer from Attorneys
The landlord can evict subtenants without the necessity of involving the master tenant, especially in a situation where there is no longer a master tenant. Your uncle is advised to bring an unlawful detainer action for nonpayment of rent. A term allowing the landlord to engage in self help would most likely be found void by the courts.
If your uncle wants to lease to new tenants, then he has them sign a lease or rental agreement.
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