California Law on a Tenant Evicting a Subtenant
California landlord tenant law handles subtenant law almost exactly the same as it would for a primary tenant. In situations where a tenant is subleasing his apartment to another tenant, the main tenant is considered to be the subtenant's landlord. In a roommate or co-tenant situation, the primary relationship remains between both tenants and the actual landlord of the home. A tenant can evict a subtenant directly, but co-tenants cannot evict one another.
Subleasing Agreement
As long as subleasing is legal in the California apartment, the main tenant acts as the landlord to the subtenant. The rights and responsibilities of both tenant and subtenant are established in the lease agreement between the two. If the tenant has an informal, unwritten agreement with the subtenant, the California landlord and tenant laws are used in establishing the lease term, rights and responsibilities.
Eviction for Cause
California law requires an eviction for cause in all cases but terminating a month-to-month lease. The tenant cannot grow tired of his subtenant and arbitrarily decide he needs to leave, nor can the tenant retaliate with an eviction due to subtenant actions. California considers the following eviction reasons to be valid causes: nonpayment of rent, destruction of the property, threats or harassment towards other tenants or breaking a clause on the lease. The master tenant must have supporting documentation for whichever eviction reason she chooses.
Eviction Process
The master tenant follows the same eviction process that a landlord would in California. He writes a termination notice informing the subtenant about the eviction reason, with a warning to solve the problem or leave the property before the notice period ends. California notice periods run for three days for nonpayment up to 60 days for a month to month lease termination. The master tenant files an unlawful detainer lawsuit at the conclusion of the notice period to evict the subtenant, if he remains in the home after this period of time. If the court rules in the master tenant's favor, the subtenant needs to leave the property. If he remains, a Writ of Possession is issued to the tenant. The sheriff informs the subtenant that he has five days to vacate or he will be physically evicted.
Landlord Involvement
The property landlord is not involved in a tenant and subtenant dispute unless the master tenant does not have the right to sublet the property. In that situation, the master tenant himself is at risk for eviction. The subtenant can also get evicted if the master tenant is kicked out for subletting, unless he can negotiate with the landlord for a lease agreement.
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