Point Arena, CA asked in Landlord - Tenant for California

Q: Can I bypass the person who sublet my home and deal with the home owner directly?

My former employer sublet us our home and is now trying to kick us out. I know the actual landlord and she likes us. Is there a way to cancel my former employers lease agreement and deal with the landlord directly? We have lived here for over 2 years and he is only trying to kick us out to be vindictive about us quitting. We live in a very rural area and moving to another place isn't an option as there are no places available to rent.

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, dealing directly with the homeowner instead of the person who sublet the home to you can be complex and depends on the terms of the lease agreements. First, you need to review the sublease agreement you have with your former employer. This agreement governs your current rights and obligations as a tenant.

If your former employer is violating the terms of the sublease or engaging in retaliatory eviction, which is illegal in California, you may have grounds to dispute the eviction. However, you cannot simply cancel the sublease agreement on your own.

Regarding dealing directly with the homeowner, you would need to check if the original lease between your former employer and the homeowner allows for subletting. If it doesn't, the homeowner might have grounds to terminate the lease with your employer.

You could propose a new lease agreement directly with the homeowner, but they would first need to legally end their lease with your former employer. This could involve legal complexities and may require the consent of your former employer, depending on the terms of their lease.

It's advisable to gather all relevant lease documents and seek legal advice. An attorney can help you understand your rights and options, and guide you in negotiating with both the homeowner and your former employer. They can also assist you in exploring legal protections against retaliatory eviction and unfair treatment.

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