Sublease Apartment Rental With Eviction In California
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Accepting partial rent during an eviction Per California Civil Code 1161.1(c), landlords can accept partial rent and still evict the tenant. Commercial landlords should consult a lawyer before accepting any rent from a tenant.
A master tenant is considered a landlord in relation to his or her subtenant, meaning that a master tenant is able to evict a subtenant. Subtenants do not have the right to evict their master tenant or other subtenants or roommates. Similarly, roommates who are co-tenants cannot evict their fellow co-tenants.
California passed a new landlord-tenant law that will provide additional protections for renters around just cause evictions. The law took effect on April 1, 2024, and requires landlords to have just cause to terminate tenancy after a California tenant has been placed in the unit for 12 months.
The landlord can include you in an eviction (unlawful detainer) court case even if your name is not on the lease or rental agreement.
The eviction process for landlords Give notice. You have to give your tenant a written Notice before you start an eviction court case. Start a court case. Ask for trial date or default judgment. Go to trial. After the judge decides.
Legal Rights of Subtenants Subtenants in California have specific legal rights. They cannot be evicted without proper notice, which is typically a 30-day notice unless otherwise stated in the lease.