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  • CA, tenant illegal sublease

    my tenant subleasing (not allowed) & having more then 2 dogs (we allowed only 2), her lease is up on April 4 2013.
    i already talk to her, but she's totally ignoring me.
    when we do aviction in LA, is it start with 3 day notice to quire violation or 30 days notice?

  • #2
    re: CA, tenant illegal sublease

    Originally posted by SAMALFRED View Post
    my tenant subleasing (not allowed) & having more then 2 dogs (we allowed only 2), her lease is up on April 4 2013.
    i already talk to her, but she's totally ignoring me.
    when we do aviction in LA, is it start with 3 day notice to quire violation or 30 days notice?
    Serve her with a notice to terminate her tenancy. If she has been a tenant for a year or more, you would need to give her 60 days' notice. If up to a year, then 30 days' will suffice.

    Keep in mind that if she fights this, it may take until April to get this matter resolved through the courts. You may just wish to give her notice that you do not intend to renew her tenancy instead, and deal with the situation until April - cheaper and more efficient than trying to evict her.
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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    • #3
      re: CA, tenant illegal sublease

      Do think she can fight that in court? i have a prove & witnesses for the subleasing & for the 4-5 dogs there, by doing that isn't she breaking her lease?
      the tenant's upstairs are complaining about the barking dogs all the time.
      so if we decide to go with eviction, do we still give her ONLY 30 days notice WITHOUT 3 days notice first? im a little confused here..

      Comment


      • #4
        re: CA, tenant illegal sublease

        Originally posted by SAMALFRED View Post
        Do think she can fight that in court? i have a prove & witnesses for the subleasing & for the 4-5 dogs there, by doing that isn't she breaking her lease?
        the tenant's upstairs are complaining about the barking dogs all the time.
        so if we decide to go with eviction, do we still give her ONLY 30 days notice WITHOUT 3 days notice first? im a little confused here..
        It won't be a matter of whether or not she can fight that will hurt you. The mere fact that she gets into the battle rather than complying and moving out will do it.

        If she doesn't comply with a notice to terminate, you'll have to pay the cost for evicting her in court, which can cost you hundreds of dollars just in filing fees - and that doesn't take into consideration attorney fees to litigate the issue. Once the tenant is served with the summons and complaint, they have 5 days to challenge the eviction suit. If they don't default, then there are any number of things they can do to delay the actual hearing and trial. Merely filing a response starts that clock, and a hearing would be scheduled within a couple of weeks. From the serving of your 30-day notice to this point at least 6-8 weeks has already passed, and it's already April by this time.

        There IS no 3-day notice in your scenario. Understand that certain notices have certain purposes, and a 3-day notice is a expedited notice for specific situations - such as nonpayment of rent or illegal activity on your rental premises (such as prostitution or drug sales) - neither of which apply here.

        You are clearly having difficulty in understanding this whole process of landlording, as well as what is necessary in order to manage your tenancies. You really need to hire a property management company that is more qualified to handle these situations for you in the future. And you really need to hire an eviction attorney for yourself that can fix this mess you've allowed yourself to get into.
        "If it ain't in writing, it never happened."
        "A lack of planning on your part does not constitute an emergency on my part."
        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

        Comment


        • #5
          re: CA, tenant illegal sublease

          The eviction process is not fast which is why Sandy suggested what she did

          Comment


          • #6
            Re: CA, tenant illegal sublease

            Thank you!

            Comment

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