Legal Question in Real Estate Law in California

Tenants fail to pay rent and has signed a lease

Hello,

I live with my fiance who is a caretaker for a 4 bedroom home. The rent is $850 a month. The landlord/property manager has told my fiance he can sublease to anyone he wants and charge them whatever he wants. A male moved in and my fiance made him sign a lease. The lease states the male is responsible for $850 a month and is required to give a 60 day written notice and we can charge up to $1700 for rent (if not paid) The male moved out by giving approx 7 days verbal notice to my fiance. The male states he would pay rent by the 1st. He moved out around the 20th. He failed to pay rent, pge bills and phone bills. He kept making excuses why rent was not paid. He called my fiance last night and stated ''guess by now you have figured out that I am not paying you anything'' The male states the lease he signed isn't legal because the property manager did not sign it. My fiance is going to talk with the property manager today, and the landlord should be fine with the lease. What should we do? How do we get our money? What is the next legal action we need to take?

Thank You


Asked on 2/04/03, 11:38 am

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Tenants fail to pay rent and has signed a lease

if there is a provision in your original lease with the landlord allowing assignments and subleases, and if your landlord/ property manager consented to the sublease as well, you are well within your rights, based on the facts given, to sue for the unpaid rent balance, etc..

i suggest you have an attorney investigate your former "tenant", do asset searches, negotiate on your behalf, and/or file a lawsuit on your behalf to recover your losses as soon as possible. if you need further assistance, contact me today. [email protected]

562-743-1357

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Answered on 2/04/03, 11:49 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Tenants fail to pay rent and has signed a lease

If your fiance was acting either as the agent of the landlord or as a tenant with the right to create subtenancies or assignments, he was acting within the law and has standing to sue. Sounds ripe for a small-claims suit. Be sure the landlord-owner is informed and cooperates. You probably need a self-help law book on how to file and win in small claims court more than you need an attorney, but no harm in having a local lawyer review the facts and coach you on formulating and presenting the case.

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Answered on 2/04/03, 12:11 pm


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