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In CA, what are the laws regarding evicting a sub-tenant?

Having a dispute with a tenant or landlord? Rental Law discussion

In CA, what are the laws regarding evicting a sub-tenant?

Postby hewlett » Thu Oct 27, 2011 5:07 am

I rent a room as a sub-tenant from a friend whome is the original tenant. I have a month to month rental agreement. Our friendship has started to take a turn for the worse and whenever she is mad at me, she tells me im evicted. It always blows over but I was curious as to what my rights were. She told me 2 days ago to be out by the 1st, that she had someone who was moving in. Can she do that? Doesnt she have to give me a written notice and 30 days to be out? ive never been late with rent, and i havent done anything to breech my agreement. Its simply her and I having our differences and her being a child about it. please if u have any factual info, please share. thanks
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In CA, what are the laws regarding evicting a sub-tenant?

Postby darik » Thu Oct 27, 2011 5:12 am

No, she can't just throw you out. In California state law says that you must be given written notice to terminate your tenancy and the minimum number of days specified to vacate is based on the frequency of your rent payment. On monthly rent payments, 30 days is required and in fact this increases to 60 days, if you have lived there for over a year. See below:

http://www.thelpa.com/lpa/landlord-tenant-law/ca-30-60notice.html

http://www.dca.ca.gov/publications/landlordbook/terminations.shtml
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In CA, what are the laws regarding evicting a sub-tenant?

Postby lathrop » Thu Oct 27, 2011 5:28 am

CA laws...

1. Notice to vacate must be in writing.

2. 30 days is required if you've lived there for less than 1 year.

3. If you've lived there for more that 1 year....60 days notice is required.

If she tried to force you out without proper notice....call the police.
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In CA, what are the laws regarding evicting a sub-tenant?

Postby devdutta58 » Thu Oct 27, 2011 5:33 am

She has to give you a 30 day notice.

Call the police if she attempts an illegal eviction.
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