Cecily Zamora
In California, a landlord cannot directly evict a subtenant as there is no contractual relationship between the two parties. Instead, the landlord must terminate the master tenant's right to sublet the property, which would require the eviction of the master tenant. The master tenant, who is the subtenant's landlord, can then evict the subtenant by following the proper legal procedures, which include providing written notice and filing an unlawful detainer action if the subtenant refuses to leave. The master tenant must have just cause to evict the subtenant, such as non-payment of rent, lease violation, or other valid reasons.
| Characteristics | Values |
|---|---|
| Can a landlord evict a subtenant without a lease in California? | No, the landlord has no contractual relationship with the subtenant. |
| Who can evict a subtenant? | The master tenant, who is the person on the lease. |
| What is the process of eviction? | The master tenant must follow the formal eviction process, including providing proper notice and, if necessary, filing an unlawful detainer action. |
| What are the protections for subtenants? | Subtenants have the same protections as master tenants and gain certain tenants' rights after living in the dwelling for at least 30 days and paying rent. |
| What are valid reasons for eviction? | Non-payment of rent, lease violation, criminal activity, subletting without permission, etc. |
| What are the notice requirements for eviction? | 30 days' notice for subtenants living in the unit for less than a year; 60 days' notice for those living in the unit for more than a year. |
| Are there any additional protections for tenants in California? | The Tenant Protection Act of 2019 requires a landlord to have a valid reason ("just cause") for eviction after a tenant has lived in the rental housing for at least 12 months. |
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What You'll Learn
A subtenant's rights in California
In California, subtenants have the same rights as any other tenant when it comes to privacy, health and safety standards, and due process for eviction. However, if these rights are violated, a subtenant cannot directly sue the original tenant's landlord. Instead, they must sue the original tenant, who can then sue the landlord if the issue is their responsibility and remains unaddressed.
Subtenants in California are not included in the original lease agreement and pay rent to the original tenant, who remains responsible for the lease with the landlord. The original tenant must communicate the obligations of the sublease to the subtenant, including the rent amount, payment schedule, and property rules. The subtenant must abide by the terms of the original lease agreement, and the original tenant is responsible for ensuring they do so. If the subtenant fails to pay rent, the original tenant is still responsible for ensuring full rent is paid to the landlord.
To avoid potential conflicts, California law requires tenants to obtain explicit, written permission from their landlords to sublet if it is not already allowed in the lease. Landlords have the right to approve or deny these requests unless prohibited by a local ordinance. For example, in San Francisco, tenants are typically allowed to replace or add roommates to keep rent costs manageable. Landlords can legally prevent tenants from subletting if it is explicitly stated in the lease agreement, and they can deny proposed subtenants for reasonable objections, such as financial qualifications.
If a tenant subleases without the landlord's explicit written permission, they are in breach of their lease, and the landlord can evict both the tenant and the subtenant. However, landlords in California must first provide a chance to fix the lease violation with a 3-day notice to comply or vacate. If the tenant does not take the required action, the landlord can proceed with the second step of the eviction process by filing a petition with the county court.
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Reasons for eviction
In California, landlords must have a valid reason to evict tenants, and they must follow the proper procedure. The Tenant Protection Act of 2019 requires landlords to have a "'just cause' for eviction, which can be either "'at fault'" or "'no fault'" reasons. Here are some common reasons for eviction:
Non-payment of rent
The most common reason for eviction is the failure to pay rent, including repeated late payments or bounced rent cheques. Landlords must provide a written notice stating the reason for eviction and follow the legal process.
Lease agreement violations
Breaking the terms of the lease agreement is a valid reason for eviction. This includes subletting when not allowed, refusing to sign a new lease with similar terms, or denying the landlord entry when they have a legal right to access the property. Landlords can serve a Notice to Perform or Quit, typically within three days, and proceed with eviction if the tenant doesn't comply.
Criminal activity
Any criminal activity on or directed towards the property owner or agent is grounds for eviction. This includes criminal activity such as selling drugs.
Disturbances and nuisances
Causing disturbances or creating nuisances that affect other tenants' living conditions, such as accumulating waste or trash on the property, can lead to eviction.
Lease expiration
If a lease agreement expires, and the landlord chooses not to renew it, they can file an Unlawful Detainer for the tenant holding over. However, the landlord must not have accepted rent payment after the lease expiration. Additionally, if the landlord intends to use the property for themselves or their family, they can terminate the lease by providing a 30-day or 60-day notice, depending on local regulations.
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Notice period for eviction
In California, landlords must follow specific rules and procedures when evicting a tenant. The Tenant Protection Act of 2019 (AB 1482) requires landlords to have a valid reason to evict tenants, provided the tenant has lived in the rental property for at least 12 months. This is known as the "just cause" protection for eviction.
Landlords can only evict tenants for "at fault" or "no fault" reasons. "At fault" reasons include non-payment of rent, breaking the lease or rental agreement, criminal activity, subletting when not allowed, and denying the landlord entry to the property when they have a legal right to enter. "No fault" evictions include instances where the landlord must make major repairs for health and safety reasons or has sold the property to someone who plans to move in.
The first step in the eviction process is for the landlord to terminate the tenancy by providing the tenant with a written notice, known as a "Notice to Quit" in California. The type of notice and the notice period will depend on the reason for eviction. For example, in the case of non-payment of rent, tenants will receive a three-day notice to pay rent or quit, allowing them to pay rent in full or move out within three days. If the tenant does not vacate within five days, the sheriff will schedule a physical eviction and forcibly remove the tenant.
If the tenant has lived in the rental property for more than a year, they are entitled to relocation assistance or a rent waiver for the last month's rent. In this case, the landlord must provide a 90-day notice, after which the tenant has 10 days to discuss the notice with the landlord.
It is important to note that landlords cannot change locks, shut off utilities, or remove personal property to force a tenant out. Such actions are considered unlawful, and landlords may face legal consequences.
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The eviction process
In California, subtenants have the same protections as the master tenant, and the master tenant has the same obligations to a subtenant as their landlord does to them. When evicting a subtenant, the master tenant must follow the proper legal procedures, as violating a subtenant's legal rights can lead to a wrongful eviction lawsuit.
If the rental is one in which there is no written agreement or a written agreement that is not a lease, and the subtenant has paid rent or lived with the master tenant for more than 30 days, they are under a month-to-month tenancy. In this instance, the state allows master tenants to give subtenants 30 or 60 days' notice to leave. A 30-day notice applies to subtenants living in a unit for less than a year, while a 60-day notice applies to those living in a residence for more than a year. The landlord need not have any reason for eviction, but a master tenant cannot evict someone in a retaliatory or discriminatory fashion.
The only lawful way to evict a tenant is to file a lawsuit and wait for the court to order the Sheriff or Marshal to carry out the eviction. Landlords cannot change the locks, shut off the power, or remove personal property to force a tenant out of their home. These kinds of "self-help" evictions or unlawful lockouts are serious offenses and can result in major legal consequences for a landlord, including law enforcement action or a private court case by the tenant.
The Tenant Protection Act of 2019 requires a landlord to have a valid reason to evict renters, so long as the renter has lived in the rental housing for at least 12 months. This is called "just cause" protection for eviction. The law sets out two kinds of evictions: "at fault" and "no fault". "At fault" reasons for eviction include not paying rent, breaking a material rule in the lease or rental agreement, criminal activity at the rental property, subletting if the lease does not allow this, refusing to sign a new lease if it offers similar terms to the old one, and denying the landlord entry into the home if they have a legal right to enter.
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The role of the landlord
Secondly, landlords in California must abide by specific rental laws and regulations. This includes understanding and upholding tenant protections under the Tenant Protection Act (AB 1482), which caps rent increases at 10% or 5% plus the change in the cost of living (whichever is lower) and provides eviction protections after 12 months of tenancy. Landlords must have a valid reason for eviction, such as non-payment of rent, lease violations, or criminal activity, and must provide written notice to the tenant. Self-help evictions, such as changing locks or shutting off utilities, are illegal.
Additionally, California landlords have specific obligations regarding subtenants and lease agreements. Even if a subtenant is not on the lease, they may still have rights in the event of an eviction. Landlords must follow lawful procedures and include known subtenants in eviction court cases. Landlords should also be mindful of their rights and responsibilities regarding lease agreements, such as not subletting without permission.
Overall, the role of the landlord in California is governed by various laws and regulations aimed at protecting tenants' rights, ensuring safe and habitable living conditions, and establishing fair rental practices. By understanding and complying with these obligations, landlords can maintain a positive relationship with their tenants and avoid legal consequences.
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Frequently asked questions
No, a landlord cannot evict a subtenant without a lease in California. The landlord has no contractual relationship with the subtenant, and the contract is between the master tenant and the subtenant. The master tenant, who is the person on the lease, acts as the landlord to the subtenant.
The master tenant must follow the proper legal procedures, as violating a subtenant's legal rights can lead to a wrongful eviction lawsuit. The master tenant must first provide the subtenant with written notice of their intent to evict. If the subtenant does not leave, the master tenant must file an unlawful detainer action and wait for approval. If necessary, they can then request the sheriff's office to remove the subtenant.
The Tenant Protection Act of 2019 requires landlords to have a valid reason to evict tenants who have lived in the rental housing for at least 12 months. This is called "just cause" protection for eviction. Valid reasons for eviction include non-payment of rent, breaking a material rule in the lease, criminal activity, subletting if the lease does not allow it, and denying the landlord entry into the home.
Tenants have certain rights during the eviction process in California. The only lawful way to evict a tenant is for the landlord to file a lawsuit and wait for the court to order the Sheriff or Marshal to carry out the eviction. Landlords cannot change locks, shut off power, or remove personal property to force a tenant out. Tenants can file a Prejudgment Claim or a Claim of Right of Possession to add themselves to the eviction case and defend themselves in court.
