Ask Me Help Desk - Sublet to family members that will not leave

I live in Southern California. In the beginning of 2007, I was offered a job to house sit for a family that was going over seas for approximately 8 months. I wanted to keep my rental house, but didn't want it to be empty. I made a verbal agreement with my parents to "watch the house" while I was away on a temporary basis. I put my belonging in storage, but left a few big items in the home (ex. Washer, dryer, fridge, etc.). They proceeded to move all of their belongings into the home. We agreed that they would pay the monthly rent and would be responsible for the utilities they used. We also agreed I would give them advance notice before I returned to the property and they were to leave. There was no written agreement and no security deposit taken. My name is on the lease and I have been there since October 2005. On June 8th I notified them in person that I would be returning August 1st (that is 54 days notice). They did not seem to be making any effort in finding a new place, so on June 28th I sent them a certified letter with return receipt. They refused to sign for the letter and the post office tracking said the letter was returned to sender. I never received the letter back. On July 1st I posted a signed copy of the letter on the front door. I also kept a copy of the letter for my records. Finally I received a call from them requesting a few extra days. To appease them I agreed. Then on July 26th I received another call from them stating that their new place would not be available until September 1st. I have a temporary place to stay, but only until the August 15th. After several attempts to keep family peace, I am now completely exhausted and overwhelmed. They are still not making any attempts to leave before the end of the month or possibly later. The last few days they have been hostile and angry. Any advice or suggestion would be greatly appreciated. Do I have any legal rights to evict them? Just recently my landlord has discovered all of this chaos and I am afraid I will not be able to return to my home at all.

Hello:

You don't need a written agreement for your sublet to be legal. But, I'll bet you can't sublet without permission from your landlord.

I think you're right. I'll bet you won't be able to move back now. Sure, you can evict them, but I wouldn't. I'd just find myself another place to go, and let this mess sort itself out.

excon

I'm a little confused. How big is this house? A house will generally have more than one bedroom. Can't you just move back in to one of the other bedrooms or even the couch until their new place is ready? I can't understand the hard line.

I too would suggest staying there with them, if they are certain they are going to be able to move the 1st... that would at least get you in the house. If you think this is just another attempt to hold you off I would definitely threaten them with legal proceeding to evict them. Bottomline YOUR name is on that lease not theirs... legally, you could not have "sublet" the house without approval from your landlord, so there is no binding contract, aside from the verbal in which they stated they would leave. I would also possibly set an appointment with your landlord, you said they already found out so you might as well see if you can get her help to get them out... just explain what happened... all of it... with you living there so long she may be understanding and she could evict them :)

The house is very small... about 800 sq ft. Although it does have a second bedroom, my stepfather has become increasingly angry and unstable. I don't think it is the safest place for me to be.

I have an appointment with my landlord on Monday to discuss my options. Do I have a right to evict them? How long does this process usually take? If the landlord has to evict them, can I become responsible for legal fees or other costs?

Hello again, s:

Here's the problem. He can't evict them because HE doesn't have an agreement with them. You do, so it's going to be you who evicts them. Your landlord can evict YOU, however, and I think he will once his options become clear.

How long can it take?? If the landlord lets you and you're efficient, and the courts are efficient, and the sheriff is efficient, I'll bet the minimum time it could take in California (a tenant friendly state) would be 21 days. Maximum?? Two, maybe three months, depending on how efficient your parents are at fighting it.

It is going to cost you?? Yup.

excon

Well if you feel uncomfortable living there I would say its, at least partially, because of the way you handled this.

As excon said, your ladlord doesn't enter into the picture because he has no agreement with them. They are your tenants, not his.

Quote:

Originally Posted by excon

Hello again, s:

Here's the problem. He can't evict them because HE doesn't have an agreement with them. You do, so it's gonna be you who evicts them. Your landlord can evict YOU, however, and I think he will once his options become clear.

How long can it take??? If the landlord lets you and you're efficient, and the courts are efficient, and the sheriff is efficient, I'll bet the minimum time it could take in California (a tenant friendly state) would be 21 days. Maximum???? Two, maybe three months, depending on how efficient your parents are at fighting it.

It is gonna cost you???? Yup.

excon

Excon... thank you for your impartial advice.

Do you know what will happen if my landlord ends my lease? How can he evict me? Doesn't he have to give me a 30 day notice? I will NOT refuse to leave. I don't want to cause him anymore problems. My main concern is to make this process as simple as possible for my landlord. I know I used poor judgement and made the mistake of violating my lease agreement. But I also thought I could trust my parents. I want to make it right. If my lease is ended, will he then be able to evict them or will it still be my legal responsibility to have them leave?

If he evicts you they become trespassers. He can evict you for violating the lease. Again the process doesn't involve your landlord at all unless it wants to evict you for violating the lease. I don't see what the landlord gains by trying to evict you. I think it will just leave it up to you.

Quote:

Originally Posted by ScottGem

Well if you feel uncomfortable living there I would say its, at least partially, because of the way you handled this.

As excon said, your ladlord doesn't enter into the picture because he has no agreement with them. They are your tenants, not his.

I am a little confused. They willingly entered into this agreement with me and they knew it was a temporary situation. I admit that I used poor judgement and violated my lease. I completely understand if my landlord is upset with me! What I don't agree with is why I should feel uncomfortable living in my own house when I kept to my part of our agreement. I originally gave them 54 days notice, then extended it another 15 days for their convenience. I would not be as concerned if I truly believed they would be leaving at the end of the month.

Quote:

Originally Posted by ScottGem

If he evicts you they become trespassers. He can evict you for violating the lease. Again the process doesn't involve your landlord at all unless it wants to evict you for violating the lease. I don't see what the landlord gains by trying to evict you. I think it will just leave it up to you.

If I leave voluntarily and they choose to stay, would they become trespassers? Can they be removed without a court judgement?

If you inform them and your landlord that you are not renewing the lease and moving out when the lease expires, then the landlord can decide to offer them a lease (in his best interests), or he can inform them that they are illegally occupying the premises and require that they move. If they refuse, I'm not sure what actions the LL has to go through, but I don't think it would be formal eviction.