Q: If I had a subleaser who refuses to move out after the 30 day notice put in by me can my landlord recind my notice?
I am the master tenant and I put in my 30 days notice which got accepted. The subtenant of the apartment refuses to move out at the end of the 30 days. My landlord has now said she wants to rescind my 30 days notice until the subtenant vacates the property. Can my landlord hold me to the apartment even though I already moved out? Also is the subleaser a trespasser? If not, when would she be considered one?
A: Technically, the sublease is between you and the sublessor, not your LL. You are actually the LL. But this description smacks of a lot of unspoken facts. Why is the LL even getting in between the 2 of you? Why is it a 30 day notice instead of 60? What is your relationship with your sublessor? How many other sublessors are there? Suggest you have a consultation with a LL/T attorney in your local area and review all the relevant documents.
A:
If you, as the master tenant, gave a 30-day notice which was accepted by your landlord, your lease should terminate at the end of that period. However, if your subtenant refuses to move out, it complicates matters. Your landlord might attempt to hold you responsible until the subtenant vacates, but this is not necessarily lawful under California law.
Legally, once your 30-day notice period ends and you have vacated the property, your lease should be considered terminated. The responsibility for dealing with the subtenant typically shifts to the landlord at that point, unless your lease agreement states otherwise.
Regarding the subtenant, they are not considered a trespasser immediately. The subtenant would be considered a holdover tenant if they refuse to leave after the notice period. Your landlord would need to follow the proper legal eviction process to remove the subtenant. It's important to communicate clearly with your landlord and, if necessary, seek legal advice to protect your rights and ensure the correct procedures are followed.
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