Legal Question in Real Estate Law in California

Re: Subtenant Rights - Tenant gives notice to move, What will happen to subtenan

You should not be named in the complaint as you a subtenant. As such, you should not liable for any judgment. I would advise you not to file a 3rd party claim if you receive a notice to vacate the premises. Should you have any questions, please call me for free consultation.

Re: Subtenant Rights - Tenant gives notice to move, What will happen to subtenan

Well, first, you have no contract with the landlord and therefore no independent right to occupy the premises. Your right to the place is (was) entirely dependent upon the right of the (former) lessee. When she moves out, so should you, unless, of course, you negotiate something with the landlord.

However, the landlord can't just call the sheriff to have you thrown out as a trespasser on 1/1/02. There must be a formal eviction process (unlawful detainer action, etc.) against you, including service of papers on you.

You might want to try to find out what the standard lease used by that landlord has to say about subleasing. It is probably expressly prohibited, but the wording could be useful to know.

You should consider admitting all the facts to the landlord and try negotiating a month or two of comfort zone for yourself. Most landlords would prefer 30 to 60 days of unwanted but honest tenancy to the expense and hassle of an eviction of someone who is not up-front with them.

Nevertheless, landlords do differ in attitude and policy and the success of negotiating cannot be predicted. If you choose to oblige the landlord to evict you, or if you can't negotiate a temporary reprieve, it will take more than 30 days for the eviction process to run its course anyway, but in the meanwhile you'll be hassled and your credit will be further harmed.

Re: Subtenant Rights - Tenant gives notice to move, What will happen to subtenan

Another thing to consider is the lease your friend had. Was it a lease or a month to month rental. She might be violating the lease agreement by moving out, and be liable to the landlord.

In any case, you need to talk to the landlord and try to work something out. In the meantime, start looking for a new place to live. If you enter into a similar arrangement with someone, get it in writing.

By the way, if you are up front with a landlord regarding your past credit, but can show that there was a reason for it, other than you just not paying people, you can usually get someone to give you a lease.