Subleasing in Vista California?

[tahmelapachme33]

Did a written sublease agreement with 'roommate' with written permission from landlord. I still remain in home as I am obligated as a Master Tenant.

I am renting on the Original lease to rent a home in Vista, California. I had requested that my landlord write and sign an agreement allowing me to sublease agreement for a roommate, but still remain responsible and obligated to pay the full rent and utilities. well i am only charging my 'roommate' 550.00 for a 1 bdrm and 1 bath area of my home, and only charged her 150.00 security deposit. I pay 2,100 for rent on the 1st and 3,000 security deposit already paid. well she has lived here for 1 month September. All of the month she has caused nothing but problems and breaking original and sublease contract rules and regulations of the contract, breaching of contract. I wrote her a notice of violation and corrective date to correct her problems. I retaliated against and given a letter of early termination of her lease and that i would be sued if i do not ' walk on egg shells' for this free loader. I requested advice from a lawyer and given appropriate action. well as of LAST night i had to call the Vista Sheriffs department. My roommate had a guest, with no permission to be on the premises, or even in my home that i am responsible for ' persons of lawful possession' he was asked to leave and she started a fight with me. the guest refused to leave so I called the police, since he is not a resident here, he should not be here, well last night the police said that the city of Vista does not allow subleasing. and that they will not remove this guest since the roommate is remaining residency. i went to 2 different police departments and searched numerously online, i can not find anything on this 'Law". I desperately need help. My husband and I are active duty and we have already found parafernalia in our house belonging to her, this now jeopardizing our careers. we need help to get this free loader out of the house. Not including she has now put a lock on her door, and neither the landlord or myself have a key to it. The cop last night told my roommate "you could stay here as long as you want and not pay anything and use whatever you want until they serve you with an unlawful detain-er".. BS!!! i want her out and nothing is open to find out more on this. Please anyone with information or ways to find information on subleasing in vista, we did not notarize the agreement but we all signed the sublease for renting in our home as we are the Master tenants. Any help is appreciative. One cop did say I could change the locks of the house and refuse her entry, if it is true that City of Vista does not allow subleasing..

[orlondo100]

Subleasing is not illegal in California but does require the permission of the landlord and if the landlord allows subleasing it will be stated in your lease agreement. You asked for the landlord's consent and received it. This makes the sub lessee your tenant and you are his/her landlord. You do not need the police to be involved at this time. What you need to do is read California state tenancy law regarding subletting rules. If your tenant is violating tenancy law then you serve the tenant with the appropriate eviction notice for violating your agreement and California tenancy law. She/he has an opportunity to dispute it. You apply for an eviction order. If the judge deems that you have grounds to evict then the tenant will receive an order of eviction and must comply with it. If the tenant disregards the order and is not out by the stated date then you can legally hire the appropriate agency to perform a physical eviction [usually a sheriff or other law enforcement agent]. They will remove the tenant physically if need be.

Your responsibility is to provide sufficient evidence that you have grounds to convict.

Note: personally I would be very careful about changing the locks etc. This is what is known as "self-help eviction" and is seriously frowned upon by the law. You entered into an agreement with the tenant and you had your landlord's blessing [consent]. I would follow tenancy law regarding eviction.

Edit: One of the comments you made I find problematic. "My roommate had a guest, with no permission to be on the premises."

Your tenant is protected by the same tenancy laws as you are. Your landlord cannot dictate which guest you can have in "his" premises nor does your tenant need your permission to have guests. I do not believe you will find anything stated in CA tenancy law statutes that would support you on that. The only recourse you have is that your tenant is responsible for the behavior and conduct of his/her guests. If the conduct of the guests in the home or anywhere on the premises is in violation of the tenancy agreement then you may cite your tenant with a violation notice. You cannot simply tell your tenant that he/she cannot have certain guests over you are the primary tenant.