Legal Question in Real Estate Law in California
To Whom It May Concern:
I have a rental property that a tenant has been subletting. The tenant does not live at the property and has not paid rent for 1/2 of Feb., March, and now April, but has collected rent from her subletters(abused women) for Feb. and March. I want to allow the subletters to stay. I served the 3 day notice and filed an unlawful detainer. I have hired a service to serve the tenant. I just found out she is trying to move in two new tenants tomorrow, in addition to the tenants who are already there. I accidentally changed the locks, (to protect the women from her verbal abuse) before knowing what steps I needed to take. Can I stop her from moving in additional tenants and collect the rent directly from them or would it be better to let the new women move in to show the tenant still has access to the property?
1 Answer from Attorneys
Changing the locks was a bad idea. It is called self help, and courts frown upon it. You need to take the relevant paperwork and have the matter reviewed by a competent real estate attorney who handles landlord tenant disputes.