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Old 04-13-2012, 02:17 AM
 
2 posts, read 3,572 times
Reputation: 11

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I live in San Diego, CA. I was sharing a one bedroom with my girlfriend in a 1 year lease. After living there for 6 months we broke up and she lost her job so I decided to rent out the room and live in the living room. I made a verbal agreement with the guy who rented the room out that we would give each other 30 days notice about leaving. After living there for the next 6 months we got in to a fight and I gave him 30 days notice. My landlord found out about the fight and is suspicious that I have somebody else living there besides my ex girlfriend. I understand that I was not legally allowed to rent out the room but I did not have a choice because I did not want to break the lease.

What will happen if the landlord can prove that I illegally subleased the apartment?

What rights does the guy have who I let rent the room?
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Old 04-13-2012, 06:04 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,863,998 times
Reputation: 26728
1. The LL can evict you.

2. If the friend leaves owing you rent you won't get a penny through the courts because you illegally subleased to him.
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Old 04-13-2012, 09:43 AM
 
2 posts, read 3,572 times
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Well what can I do to kick him out early. I gave his 30 days but he is just pretty much trashing the room so I want to get him out sooner. Can the landlord sue me?
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Old 04-13-2012, 09:57 AM
 
Location: southwest TN
8,568 posts, read 18,158,026 times
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You've got some problems. You can't evict him because you didn't have the right to rent to him, thereby lacking status. The LL can evict YOU in order to get him out and can evict you and then sue you for the damages that are greater than the security deposit.
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Old 04-13-2012, 01:06 PM
 
10,746 posts, read 26,113,114 times
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Quote:
Originally Posted by pokors View Post
Well what can I do to kick him out early. I gave his 30 days but he is just pretty much trashing the room so I want to get him out sooner. Can the landlord sue me?

Sure the landlord can sue you...you're name is on the lease and youre responsible for that unit. If you girlfriends name is still on that lease, she could held responsible as well.


You just might have to suck it up and get your landlord involved and they can evict the two of you at the same time.
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Old 04-13-2012, 03:02 PM
 
Location: Austin, TX
16,787 posts, read 49,191,837 times
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I believe we covered this same situation for California law in this thread recently. https://www.city-data.com/forum/renti...l#post23767094
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Old 04-13-2012, 03:23 PM
 
28,115 posts, read 63,834,084 times
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If he is physically violent you might look into a restraining order?
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Old 04-13-2012, 03:36 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,863,998 times
Reputation: 26728
Quote:
Originally Posted by Ultrarunner View Post
If he is physically violent you might look into a restraining order?
And if he's physically destroying your possessions in the room, call the police. If he's destroying the landlord's furnishings then you'll be responsible for all those damages.
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