Legal Question in Real Estate Law in California

Sublease
We have subleased a property in La Jolla, CA for 5 weeks for summer vacation. The person we have rented from has been very good to work with however the owner of the home has indicated the renter cannot sublease the property. The property is controlled by a trust and the tenant we rented from informed us he checked with the trust company and obtained approval to sublease. Bottom line, we have 1 month left in our rent and I just want to make sure we are ok for that month, after that, I really don't care. Also, our sublease is in writing and paid in full. Please advise. If the trust moves forward with eviction, I assume we will have a minimum of 30 day notice therefore our original lease would be satisfied anyway also, would there be any harm to my personal credit?

Asked on 7/12/09, 3:08 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Sublease

Does the trust (or trustee) know your rental is for only five weeks? I would think it very unlikely that, knowing this, the trust would bother to take any action to evict you, given the 30-day notice period.

The question of a tenant's right to sublet residential property is apparently undecided in California, but the right may be dependent upon the tenant presenting the landlord with a written proposal which the landlord may then not unreasonably refuse or delay approving. So, the subletting may not be perfectly legal, but in any case the landlord or trust would seemingly be dumb to take any action against you, although it may want to "teach a lesson" to the tenant. I'd enjoy my vacation and not worry about it.

Answered on 7/12/09, 6:11 pm

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