Legal Question in Real Estate Law in California

Re: Can I lock out a subleaser who does not pay rent?

You cannot take self-help and lock him out or else be subject to civil liability. You must evict him via an unlawful detainer action. Please call me directly at (619) 222-3504.

Re: Can I lock out a subleaser who does not pay rent?

Must file unlawful detainer.

Re: Can I lock out a subleaser who does not pay rent?

There are several approaches to your problem. The best course of action will depend on the specific facts, not all of which are clear from your question.

First, it appears that you have assumed that this individual is in fact a sublessee. Is he? Did he have an agreement with the original tenant? Was he paying her rent or sharing in the payment of rent? If he is a sublessee, but he did not actually assume the lease, then your original tenant is still liable to you for rent.

If in fact he is not a sublessee, and was just present at the apartment as an acquaintance of the original tenant, there is a possible argument that he is simply a trespasser, and you might possible bring an action for trespass and seek to have him ejected. In order to do this you must establish that there is no evidence that he has ever been a tenant there, and that his presence was at the apartment was simply as a result of his acquaintance with the original tenant, i.e. that he never had any living situation at the apartment. Whether this is a viable approach will depend largely upon how long he has been at the apartment either with the original tenant, or subsequent to her leaving.

The best and safest course of action, however, is just to assume that he has some rights and deliver a 30 day notice to leave the premises (if the tenancy is a month to month). Alternatively, you could serve a 3 days notice for the non-payment of rent and then bring an eviction action for the non-payment of rent and seek the payment of monies. However, given the ambiguity of the situation, you may just want to give him a 30 day notice. Under no circumstances should you resort to self help.

You should note again however, that if in fact there was some sort of arrangement with the original tenant and this individual, such that there is a sublease, the original tenant will likely remain liable, despite her absence from the premises. As such, one approach you may take is to contact her and inform her that unless she pays your rent or convinces this individual to pay rent or leave, you will be taking legal action to recover monies that she owes.

The above analysis has a lot of conditions to it because you original question leaves some important facts out. For example, in addition to the facts mentioned above, is this a month to month tenancy? Is this a year lease? The different legal consequences are significant to these different sets of facts. If there is a year lease and this individual has some possessory rights, there needs to be some cause for an eviction or termination of the tenancy. If it is month to month, no cause is necessary for the service of a 30 day notice and termination of the tenancy. This is just one of the significant differences. Good luck.

Re: Can I lock out a subleaser who does not pay rent?

Tenants, whether on the lease or not, have incredible rights in California. If you change the locks, you open yourself to some serious consequences.

File an unlawful detainer against the individual, and use normal legal channels for eviction.

Re: Can I lock out a subleaser who does not pay rent?

No. It is not a good idea to use self help under these facts. You could be liable for damages for a forcible entry and detainer by the sublessee. It seems you recognized the subtenant as a tenant by agreeing to have him move out, and that may make it a month to month tenancy requiring 30 days notice to vacate [safest]. Or if it is clear what rent is, you can give a 3-day notice to pay rent or quit, and if no money, then file an unlawful detainer to recover possession. Good luck.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553