Q: I have a lease from my landlord .I rent to two others in the house. I want to ask one the tenants to move out.
The person as only been living with us for 30 days now . I feel uncomfortable with this in our house. What is my next step in asking this person to move out?
A:
In California, if you are a master tenant (the person who rents directly from the landlord and then sublets to other tenants), you have the right to ask a subtenant to move out. However, the process and notice period required may vary depending on the type of agreement you have with the subtenant.
Here are the steps you should follow:
1. Review the agreement: Check if you have a written agreement or lease with the subtenant. If there is a written agreement, review the terms related to termination and notice period.
2. Determine the notice period: If there is no written agreement, the subtenant is considered a month-to-month tenant. In this case, you must provide a written 30-day notice to terminate the tenancy. If the subtenant has lived in the property for less than a year, you may be able to provide a shorter notice period.
3. Draft a notice: Write a clear, concise notice that includes the date by which the subtenant must vacate the premises. Be sure to include the reason for the termination (e.g., "I am no longer comfortable with the living arrangement").
4. Serve the notice: Serve the notice to the subtenant in person or by mail. If you mail the notice, send it via certified mail with return receipt requested to have proof of delivery.
5. Follow up: If the subtenant does not move out by the specified date, you may need to file an eviction lawsuit (called an "unlawful detainer" action) in court.
It's essential to ensure that you are not violating any local rent control or eviction protection laws. If you are unsure about the process or your rights, consult with a local landlord-tenant attorney or a housing counselor for guidance.
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