Question


Samuel M

Hi! I'm trying to find out if in CA, a subletting tenant can be evicted w/o unlawful detainer by a leasee.?

I am subletting an apartment in Los Angeles and myself and one of the roommates have had a falling out. She is friends with one of the people on the lease (who has not lived on the property for over 4 years) and has manipulated her into trying to serve me a 30 day notice. They are trying to say that because the leasee is still responsible for the rent, it give them the landlord power of authority to serve such eviction notices, and furthermore, because i am subletting, that they do not have to go through the legal channels and serve an unlawful detainer. They are of the opinion that at the end of the 30 days they can have a police officer escort me off the premises, without allowing me to challenge in any legal way. Do they really have a eg to stand on? I would move, on my own cognition, had I had the financial means. I was laid off from work months ago, and am barely scraping by with unemployment checks. Thanks everyone for all your help and advice.

5 months ago - 2 answers

Best Answer

Chosen by Asker

They only got part of this right. They have the right to issue a 30 day and to evict you. But, since they are not living in the house (this is the important point) they HAVE to use the courts to evict you. They have no choice but to file for the unlawful detainer. The police officer escort is only true if the landlord lives with you, but they do not. They will not have trouble evicting you, but they need to do the court thing, the sheriff will not remove you without a court order.

by Landlord

5 months ago

Asker's Rating: 

Other Answers

When you sublet the lease holder acts as your landlord and CAN serve a 30 days notice. They still must go through all the legal channels is you refuse to leave, juts like any other landlord. If they try to call the sheriff (the police will not do this even with a court order. It is not their jurisdiction) without a court order, they will not come. It is in your best interests to move by the end of the 30 days notice and avoid an eviction on your record. You have no legal challenge anyway. If you have a verbal month to month agreement they can give 30 days notice at any time for no reason.

by Wildcat- 5 months ago