San Francisco evicting a subtenant on a sublease

[serium79]

What is the name of your state (only U.S. law)? CA


Im the Landlord in a single family home in San Francisco. The home has an in-law unit downstairs and I believe is considered a 2 unit building because of that. I rented the upstairs and downstairs inlaw unit separately to a single tenant with a no sublease clause. The tenant will move out in 30 days from the upstairs unit but she has a subtenant that lives downstairs that will not leave and I will be stuck with the subtenant.

1) If I evict the tenant, will the subtenant be required to move out too once the sheriff comes?

2) If the tenant and I agree to terminate the lease for the downstairs unit where the subtenant is living, can I start the eviction process as a holdover subtenant?

3) Whats the best way to proceed and evict the subtenant?

 

[FarmerJ]

Have you sent to the subtenant of your former tenant written notice to vacate ?

 

[HRZ]

I'm an old LL, but not in CA--so add a big grain of salt --I think you are going about it exactly the wrong way --and making multiple errors .

If the tenant created a subtenant--you still cannot get her subtenant out with complete due process done correctly as to any other occupant....

But I see a bigger flaw--your tenant cannot surrender the home to you until its emptied out and you mutually agree to surrender --unless you are really unwise...the point is to make sure your tenant continues to pay full rent until she gets the place ready to surrender --this is her problem to solve ..and its unwise to step up and take over her problems ...the subtenant is going to be there a long time if you do it that way .

It may be more poker ...but you best play the hand you have well.

BTW, where does you current tenant intent to go?

Sure hope you did NOT give current tenant anything that reads like agreement to release her from her lease on not renew same .

You have got to be nuts...two separate leases for one unit to a single tenant and you don' t know if the other unit is a legal one ...what did you think was going to happen ? If you blow your poker hand ...post back next year about were the sub tenant is and how much rent you are getting . .

 

[latigo]

What is the name of your state (only U.S. law)? CA

Im the Landlord in a single family home in San Francisco. The home has an in-law unit downstairs and I believe is considered a 2 unit building because of that. I rented the upstairs and downstairs inlaw unit separately to a single tenant with a no sublease clause. The tenant will move out in 30 days from the upstairs unit but she has a subtenant that lives downstairs that will not leave and I will be stuck with the subtenant.

1) If I evict the tenant, will the subtenant be required to move out too once the sheriff comes?

2) If the tenant and I agree to terminate the lease for the downstairs unit where the subtenant is living, can I start the eviction process as a holdover subtenant?

3) Whats the best way to proceed and evict the subtenant?

What makes you think you are confronted with removing a "subtenant" and not a "trespasser" or "squatter" when the rental agreement covering both units of this "2 unit building" speaks of a single tenant and expressly prohibits the tenant from subletting?!

Unless you agreed to removing the prohibition or somehow acquiesced in allowing the so-called sublease, then I suggest that you become acquainted with and proceed with the process of evicting a "squatter" - beginning with a 3-day notice - in accordance with California's unlawful detainer statutes.

(Or you can augment your confusion by paying heed to the tortuous ramblings of the simpleton HRZ.)

 

[HRZ]

OP..the subtenant may be there in breech of your lease with master tenant ...but you have no contract wih her and she is not trespassing .

To evict the master tenant is not sufficient a step to force the sub out ...you need to evict them all.

IF your tenant breeches the lease why are you not taking steps to make her evict her sub tenant..and her rent keeps running until she gets it done?

Unlawful detainer steps if you follow them to a T might get it done but I won't bet on 3 day miracles ...but why not hold your tenants feet to the fire?

 

[serium79]

I'm an old LL, but not in CA--so add a big grain of salt --I think you are going about it exactly the wrong way --and making multiple errors .

If the tenant created a subtenant--you still cannot get her subtenant out with complete due process done correctly as to any other occupant....

But I see a bigger flaw--your tenant cannot surrender the home to you until its emptied out and you mutually agree to surrender --unless you are really unwise...the point is to make sure your tenant continues to pay full rent until she gets the place ready to surrender --this is her problem to solve ..and its unwise to step up and take over her problems ...the subtenant is going to be there a long time if you do it that way .

It may be more poker ...but you best play the hand you have well.

BTW, where does you current tenant intent to go?

Sure hope you did NOT give current tenant anything that reads like agreement to release her from her lease on not renew same .

You have got to be nuts...two separate leases for one unit to a single tenant and you don' t know if the other unit is a legal one ...what did you think was going to happen ? If you blow your poker hand ...post back next year about were the sub tenant is and how much rent you are getting . .

The tenant tried to evict the subtenant but was not successful. The tenant now says she is moving out in a month and just gave me 30 days notice yesterday, but we have not formally signed or verbally agreed to end the lease. The tenant has to move out because the subtenant has a restraining order on the tenant. Yes, the tenant cannot surrender the home to me unless the subtenant moves out. I was planning on having the tenant just move out and vacate, then file an eviction for the subtenant. Any advise on how to proceed would be helpful.

 

[serium79]

OP..the subtenant may be there in breech of your lease with master tenant ...but you have no contract wih her and she is not trespassing .

To evict the master tenant is not sufficient a step to force the sub out ...you need to evict them all.

IF your tenant breeches the lease why are you not taking steps to make her evict her sub tenant..and her rent keeps running until she gets it done?

Unlawful detainer steps if you follow them to a T might get it done but I won't bet on 3 day miracles ...but why not hold your tenants feet to the fire?

The tenant attempted to evict the subtenant, but was not successful. She had a date for the sheriff to come but im not sure what happened. The tenant does not have money and said she is just moving out in 30 days and gave me notice yesterday. Im not sure whats the best way to proceed

 

[HRZ]

You need an attorney skilled at eviction matters early next week.
IF you your tenant bungled her steps at evicting thensub tenant then you need tomfind your name a way to put pressure on your tenant to get a proper do over start d next weeks there are upsides to letting her off the hook.

There is no basis to assume tenant is judgement proof...andas far as know the tenant is free to move to a loft in Oakland but she needs to honor the contract to pay you untll she is able to surrender the house as a,whole,

I simply don't know if your lease and CA law allow for
you to seek to evict ,everyone AND get a judgement for all your costs against your tenant. But I'd be asking question to counsel. Yes you can seek to evict everyone..I mean getting some odds to collect ...