I have a question, I live in San Mateo County and I am renting a room to a subtenant who is not on the lease? what are her right

Bankruptcy and Debt 4 views 2 answers
what are her rights ? if I decided to give her notice could she contest. Do I need to show her any agreements made between the landlord and myself pertaining to the rent?

Attorney Answers

2
David Piotrowski ·
In this situation, you would likely be considered her landlord and she would be your tenant. You can serve her with a proper termination notice. Keep in mind you may be in breach of your rental agreement with your landlord. Many agreements forbid assigning or subleasing without permission of the landlord. If you are in breach, your landlord could evict you.
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Michael Chan ·
Where a master tenant (who is named on the lease from the landlord) rents to a person outside the lease, the master tenant stands in the shoes of the landlord. As it relates to proper notice, a month-to-month sub-tenant must be given proper notice to vacate. If the sub-tenant has resided in the leased premises for less than a year, the master tenant must give a 30 day notice to vacate. If the sub-tenant has resided in the leased premises for a year or more, the master tenant must give a 60-day notice to vacate. The written notice to vacate itself must be appropriate. As it relates to any agreements made between a master tenant and the landlord, the subtenant has no rights to that contract unless provided to him/her by one of the parties to the contract. This is because the subtenant is not party to that agreement and therefore has no rights that stem from it. While a master tenant does stand in the shoes of the landlord, this is the only the case as it pertains to what has been leased to the master tenant. The master tenant cannot have complete and equal rights to the actual landlord, only to the leased premises.
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