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Niceguy777

Lndlord wants Sublessee out in18 days?!

4 posts in this topic

I Sublease from a tenant who rented a room to me. The tenant told me yeste rday that she wants to move out on January 12, 2009. The tenant spoke with the landlord to notify him of her intent to move a terminate the lease. The landlord was surprised to find me renting a room. He told the tenant that she could not sublease or rent a room WITHOUT THE LANDLORD'S PRIOR APPROVAL. The tenant and I signed and dated a rental agreement which I showed to the Landlord. The landlord said that the rental agreement between the tenant and I was and is not valid because the lease indicates that the Tenant has to ask the Landlord if she can sublease a room and wait for the Landlord's approval which she (the Tenant who I rented a room from) did not do. The Landlord was under the impression that only the Tenant's family was going to rent the private house..

The Landlord then told me that I have to leave in 19 days (on January 5th, 2009).

This is simply not enough time. The Landlord said that I should have asked the Tenant if she was the Landlord when I first moved in. If the Tenant said, "Yes," and she was in fact not the Landlord, then I would legally have more time to move than in 19 days. This doesn't make sense to me. The room I'm renting is in San Diego, California and people sublease all the time--it's a sign of a weak economy. Also, I once rented a room from someone who when I asked if they were the Landlord, they said, "yes", but later I asked a fellow roommate if the "Landlord" paid off his mortgage and she said "he's not the landlord, he only rents from Mr. ________)

It doesn't make sense because if someone wanted to rent a room and asked the person renting the room if he was the landlord, and that person said "yes, they were the landlord," that person in order to verify and confirm the veracity of the person renting the room's response, would have to go to the County Clerk's Office and view a copy of the Recorded Deed to the house which has rooms for rent and that simply is not only impractical and time-consuming, but it is prohibitive to people (bothlandlords or tenants renting rooms), especially in a dismal housing market with so many foreclosures.

But, I said to myself and I'm sure, you'll agree, the Landlord who spoke to me yesterday and told me I have to move on January 5th is NOT A LAWYER.

1) Legally, how much time do I have to move if I rented a room from a tenant who rents rooms, and the Landlord was not notified, nor gave approval for the tenant to sublease rooms?

I was sure that if ever I had to move, I would have at least be given 30 days written notice. This 30 day Termination is like the same Landlord-Tenant common law for every US state.

1) How much time to do i legally have to move if i am a sublessee, but landlord was not notified of sublease or any one renting a room from his tenant?

2) Can Landlord shut off electricity, gas for stove, and water on January 5th? (in 19 days) like he told me he would? Or does he have to start a squatter or holdover eviction proceeding and still maintain essential utilities?

I think, I can still stay for 30 days from the date Landlord notified me that I have to move. Landlord told me he doesn't want to rent out individual rooms--so the option of finding a tenant who can rent the Master Bedroom and sign a lease and to rent the other remaining room to make up the rent Landlord is missing cannot be done.

I think that legally, Landlord has to start an eviction proceeding which involves him to go to an attorney and have the attorney schedule a court date in Landlord Tenant Court, and then the court notifies me of the court date to hear my side of the story and to see the evidence I have and then after the court date, the judge schedules a reasonable eviction date. Then the judge signs an Eviction Warrant which the Landlord's lawyer faxes over or mails to the local County Sherrif or Martial and depending on the sheriff or martial's schedule, makes up an eviction date. While during this--all essential utitlities like water, light, electricity have to be kept on.

I think the whole process takes about 3 months, and not 19 days, am I right?

Could someone help me answer these questions. I'm very nervous now about this unpleasant surprise.

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Way too much commentary there.

"The landlord said that the rental agreement between the tenant and I was and is not valid because the lease indicates that the Tenant has to ask the Landlord if she can sublease a room ...."

Sorry, but your landlord's landlord is wrong. :) Even if your landlord is breaching her lease with her landlord, that doesn't make your rental agreement void.

"The Landlord then told me that I have to leave in 19 days (on January 5th, 2009)."

You don't. You must be given proper termination notice under your state's law (if your lease is silent). And if you entered into a long-term lease vs. month-to-month, you're free to stay unless and until your landlord's landlord files an unlawful detainer action and gets a court order.

"If the Tenant said, "Yes," and she was in fact not the Landlord, then I would legally have more time to move than in 19 days."

Sorry, but the tenant IS your landlord. :)

Read up on CA landlord-tenant law, and let your landlord's landlord know that he-she needs to be talking with your landlord, their tenant. And that you've no intention of leaving unless you've been given proper termination notice from your landlord. Any damages that the landlord suffers are on your landlord.

"... would have to go to the County Clerk's Office and view a copy of the Recorded Deed to the house which has rooms for rent and that simply is not only impractical and time-consuming, but it is prohibitive to people...."

You're making this out to be a lot more complicated than it is, and I'm not sure why. You're free to ensure that you're renting from the owner of the property by asking them to show you a deed (and no, checking land records isn't time-consuming or impractical).

"... the Landlord who spoke to me yesterday and told me I have to move on January 5th is NOT A LAWYER."

That's highly likely to be true (but even if he were, that wouldn't prevent him from being dumb/ignorant).

"Legally, how much time do I have to move if I rented a room from a tenant who rents rooms, and the Landlord was not notified, nor gave approval for the tenant to sublease rooms?"

Don't make it convoluted with reference to renting a room from a tenant; whether you are a sublessee as far as their landlord is concerned isn't relevant. The person is your landlord, plain and simple. I can't believe you haven't googled CA landlord tenant law. Whet

"Can Landlord shut off electricity, gas for stove, and water on January 5th?"

They could, but it would be unlawful knowing you are there.

"I think, I can still stay for 30 days from the date Landlord notified me that I have to move."

I'd wait until I received proper written termination notice from *my* landlord.

Bottom line is that you don't want an eviction judgment on your record, so no matter what your landlord's landlord does, make sure you get out before that happens. And even if the landlord's landlord says he is dropping an eviction action that is perhaps filed against you, make sure to show up in court unless you have definitive proof that it's been dismissed/withdrawn/dropped from docket.

Can't know how long eviction actions take in your neck of the woods.

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Thanks Fallen.

It seems like good legal advice.

But I didn't have a rental agreement for a year, I had it on a month to month basis.

Fallen said the rental agreement is not void

EVEN IF THE LANDLORD WAS NOT NOTIFIED OF A TENANT'S INTENTION OR REQUEST TO SUBLEASE, AND THUS THE LANDLORD OBVIOUSLY DIDN'T APPROVE THE SUBLEASE BECAUSE LANDLORD WASN'T NOTIFIED OF POSSIBLE SUBLEASE, (AS IS STANDARD PROCEDURE, BOILERPLATE LANGUAGE IN LEASE AGREEMENTS--"LANDLORD HAS TO BE NOTIFIED AND APPROVE OF SUBLEASE"), THEN IT SEEMS THAT (CONTRARY TO WHAT LANDLORD TOLD ME) TENANT STILL IS ENTITLED TO 30 DAY WRITTEN NOTICE BY CERTIFIED MAIL RETURN RECEIPT.

CAN AN ACTUAL ATTORNEY VERIFY THIS FOR ME? Please?

-Niceguy777

Maybe some advice from someone who is a lawyer would help be more definitive. By the way, it's not way too much commentary, it's enough facts so that my question can be answered fully and currently.

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From Niceguy 777

ALSO, HOW COULD THE LANDLORD GIVE ME (A ROOMMATE, A SUBLESSEE) A 30 DAY WRITTEN NOTICE IF HE JUST KNOWS MY FIRST NAME? He

THERE'S ANOTHER ROOMMATE AND HE DOESN'T KNOW EVEN HIS FIRST NAME, LET ALONE HIS LAST NAME?

is it up to landlord to do research or due diligence and find out my correct first and last name?

how would be able to do that? It would seem kind of hard, or impractical to do?

would he force any roommates or sublesse's to give their photo ID.

or could he just send a 30 day written notice as "John or Jane Doe" to my address and that would be enough.

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