Can a landlord evict

Question

Hi everyone can a landlord evict the tenants in a situation like this suppose you have a tenants sign a 12 months lease. Rent is always paid on time, no maintenance requests on month seven of the lease you find out during months 3-6 there was a sub tenant in the property with the other tenants but the sub tenant has since moved out and no longer lives there. Now it is just the original tenants. Can the landlord evict the tenants?

Greg H. · Answer

I stand firmly as a no you cannot.  The first step in the process is a Notice to Cure and in this case the violation was cured.

Kyle J. · Answer

Not likely. You don’t say where this is at, but based on your state (California) laws, and the facts as you presented them, the first step if the breach of the lease like this was still occurring would be to issue a Cure or Quit notice. However, based on your fact pattern, the breach has already been cured.

Ray Harrell · Answer

Yes, through the court system. Check your local and state laws regarding eviction notices and processes. HOWEVER, if they are paying rent on time and are not destroying your property, why do you care? Try letting someone move in, they only pay the first month's rent, and never pay again, AND move other people in, AND refuse to move! NOW you have a legitimate gripe.

Brian Ploszay · Answer

I would inspect the unit to see the condition.  If ok, I would not evict but reiterate that subleasing is not allowed.

In the landlord business, tenants are not going to follow the rules all the time.  You'll find evictions to be very expensive.  And you have to be firm, but choose which rules you will enforce.  For example, I have a no painting clause in my lease.  A long term, good tenant painted a room.  I did not evict.

Matt K. · Answer

is this code for you got busted playing the rental arbitrage game lol? On a more serious note... there's lots of tools landlords/hoas can use to monitor sites for illegal subletting.  AI being used for some crazy stuff....

Storm S. · Answer

Thanks for all the info everyone I'm not the landlord in this situation, this happened to someone I know and I was curious if eviction in a situation like this was legal. I agree eviction is not the best way to proceed in this kind of situation. I wanted to see if the BP's community had a difference in opinion.

Matt K. · Answer

Did you issue a cure notice or any kind of documentation... if not then probably going to be hard to "prove".But that brings up a better question.... why? Seems the problem fixed itself for the time being, much easier ways to solve this vs an eviction.

James Wise · Answer

Why would a landlord want to evict in this situation? Does he hate money?

Ray Harrell · Answer

In some areas, you cannot prohibit a legit sublease (Chicago), but you can prohibit STRs.

Can a landlord evict

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