Evicting tenant and now finding out their are illegal subletters

4 Replies

I have had a tenant since 2012-She was always a pain but at least paid rent. She stopped paying rent, regularly this year, threatened to move out etc. I finally filed a 3 day pay or quit, posting, mail and by fed ex. The day after the 3 day expires a young man contacts me, who has been one of her illegal subletters, subletting is prohibited in her lease. HE says she has told him he needs to go, nothing personal. Do I have to notice him of the eviction or his his email to me saying the tenant noticed him verbally enough? Do I have to change dates on notices to refelect the delay? This is in Alameda County, California

if you cannot get everyone to vacate the property and you are not willing to try and work with whoever is left in the property then you will need to name the tenant along with "any and all occupants", "unknown occupants", or "others" in the pay-or-quit notice and also the court documents

I usually always include "Others" just to make sure all bases are covered since many tenants like to move in other people, pets, boats, trash, etc without telling me which I am then left to clean up.

Common sense would say that your contract is with the tenant, not the sub-leasee, so you'd think you'd be in the clear to proceed.  Maybe contact the Housing Authority for the City that the property is in, as well as your attorney.

All of my evictions also name "All Other Occupants" as an additional defendant.  If one of them is stupid enough to give their name to the process server they will be added as a defendant and named (and have an eviction in their name).  

Name all others living in the household on your notice to quit. Consult your attorney for specifics. I am not a licensed attorney.

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