Legal Question in Real Estate Law in California
Subtenent eviction
I Have 2 subtenents who have not paid rent in 2 months and i would like to evict them. Neither of them has their name on the lease and in fact their is no lease.
My Dad owns the home and i pay him 2500.00 rent every month and collect 450.00 from one roommate and 350.00 from the other this money goes to me after i pay the rent in full. As far as payments go i am the only one who submits money to the landlord (my dad) and i receive cash payments from my roommates...what steps do i need to take to evict them. thank you
1 Answer from Attorneys
Re: Subtenent eviction
Actually, there is a lease.....it's just not in writing, which is probably more of a problem than a help in your situation. A court could and would tell the three of you what the terms of the lease were if it came to a lawsuit.
Your best bet, if you can't negotiate something mutually satisfactory, is to buy (or borrow from the library) a self-help book about how to be a landlord, and read and follow the instructions for doing an eviction. There is little difference between a tenant evicting subtenants and an owner evicting a tenant.
If any problems arise, spend some money on an hour or so of legal advice. If the property warrants $2,500 a month rent, taking care of legal problems that arise over it is probably important enough to bring in professional help when self-help isn't getting the job done.
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