Legal Question in Real Estate Law in California

Re: Tenant re-renting a portion of the house without notifying owner

The only way to exercise your legal right is to raise a case against them.

Your options are to go down there and verify for yourself the situation. If there is someone there, you can tell them to leave or to send rent directly to you.

If you want them out, you will need to take legal action.

Re: Tenant re-renting a portion of the house without notifying owner

Well, this matter isn't all that simple. The first question is whether the existing lease should be construed to include the second, small house on the same property. The wording of your question suggests that may be the case. If so, what your tenant has done is to make a sublease.

If, on the other hand, the long-term tenant did not have any leasehold rights in the second house, what we have here is an instance of 'rent skimming' -- the unlawful practice of accepting rent from a property you don't own or manage. See Civil Code sections 890-894, especially the definition at section 890(a)(2). You can get the codes on line or at most libraries.

If it is a sublease, everything depends upon the terms of the lease. Subleasing is permissible unless prohibited by the lease.

Therefore, if the tenant's lease includes the small house and the lease does not forbid subleasing, it may very well be that the tenant is acting entirely within his rights and there is nothing you can do about it.

Re: Tenant re-renting a portion of the house without notifying owner

You likely have a written rental agreement with the tenant; if so, what does it state about "sub-letting?" If it prohibits subletting without your approval, then you have an action against those tenants who are parties to the written agreement. Also, if the party who is handling/overseeing the L.A. property has a contract with you governing their management, etc., you may have recourse through them. Your rights against the tenant who is there without your knowledge and renting the smaller dwelling, may be affected by whatever agreement they have with your actual tenant, but you may be able to give them thirty days notice to vacate, and if they do not, then seek to evict. However, your situation is greatly dependent upon the written documents in existence, and you need to take them to an attorney who can more accurately advise you.