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Can a tenant remove a subtenant from the property without filing an unlawful detainer if the tenant lease states no subletting.

Sacramento, CA |

Can Tenant "A" remove Person "B" (Subtenant) from said property if there is no lease between subtenant and tenant, and if the lease from Tenant "A" to Landlord states no Subletting or Assignment allowed? Or does Tenant "A" have to file with the court an unlawful detainer in order to remove Person "B" from the premises.

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Attorney answers 3


There isn't sufficient factual information in your post to give you the precise response to your situation. Generally speaking, the tenant must go through the unlawful detainer process. The tenant cannot evict a subtenant merely because the tenant's lease with the owner says no subletting; however, the owner can evict the subtenant and the tenant if there is unpermitted subletting.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


For tenant "A" to remove subtenant "B" from the subject property she would have to serve a notice and go through an Unlawful Detainer action.


Some manner of notice is required. If your subtenant failed to pay his rent, a three day notice to pay rent or quit would be required. If your subtenant is not abiding by the terms of a written rental agreement the two of you have, a three day notice to cure covenant or quit would be required. If you simply want the individual to leave, a thirty day notice of termination of tenancy is required. Generally speaking, an eviction is based upon some manner of notice. No notice, no eviction.

A proper response would require a thorough investigation into the history and background of this relationship. The information provided above is just that, information, to be used as you see fit.

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