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Home > Law > Real Estate Law   »   Evicting a subleassor

 
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Old Sep 6, 2006, 06:08 PM
Birchlilytree
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Evicting a subleassor

Hello,
I just subleassed (with the permission of my landlord) to a woman a few months ago. I am currently on a month-to-month lease and from what I understand, that would mean that the subtenant was on a month-to-month lease as well. Unfortunately, we did not get around to signing a sublease agreement, but she has not disputed any of the terms we discussed for our oral agreement. I decided last month to move out, and I gave my landlord a 30-day notice. I told my roommate that I was moving and that I would ask the landlord if she wanted to rent directly to her, or rather find new tenants. The landlord decided to find new tenants. The only problem is that the roommate now refuses to move out. She has been living in the apartment for 6 days past the 30-day notice that I gave, and she has not paid rent for the additional time she has been there. She is also claiming that she is on a lease with the landlord. It is a bit complicated by the fact that the landlord told me that she would like to renew the lease and put the subtenant on the new lease. However, the subtenant never saw or signed anything, and the landlord never personally approved of her as a tenant. The subtenant is taking the landlord's proposition to sign a new lease as a verbal agreement for a one-year lease for her. This does not sound right to me, but I cannot find any laws regarding this issue.

My questions are: Since she was subleasing, does my 30-day notice apply to her as well? Does she really have any lease agreement with the landlord at all? Also, do I need to evict her, or is this up to the landlord to do?

By the way, this is in Los Angeles, CA.

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