Illegal AIRBNB Subtenant wont leave

S

Sam F

New Member
Jurisdiction
California
I rented out my rent controlled home in LA to a family. My tenant let someone to live in one of the rooms even though my lease says no subleasing.
My tenant is willing to leave but I am stuck with people in my house I have no idea who they are except for their names.

I will be filing eviction but will the subtenant be able to respond to me? Is she authorized to file a response. Is it ok if I only list my tenants name on the eviction case.
 
You're going to have to name all of the folks you are trying to evict. If you don't know those names, you can include "Does" and amend your complaint at a later time once you know the names.
 
Also, I STRONGLY advise that you hire an attorney to deal with this matter, lest you screw it up.
 
Not only does the OP have to deal with California law, the OP also has to deal with Los Angeles-specific rules.
 
Sam F said:
will the subtenant be able to respond to me? Is she authorized to file a response.
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I'm not sure what "authorized" means in this context, but the subtenant certainly may, if he/she chooses, file an answer to your unlawful detainer complaint.

Sam F said:
Is it ok if I only list my tenants name on the eviction case.
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It's ok with me, but that would be a bad idea. I strongly encourage you to hire a local attorney to handle this. Knowing that everything will be done correctly will be more than worth the cost (especially since you'll have to deal with the Los Angeles rent control ordinance).
 
Subletting certain rent controlled properties can also get YOU evicted, OP.

Tread carefully here, OP, which translated means you desperately need to hire a skilled real estate attorney versed in the nuances of LA and CA rent control ordinances and state law.
 
army judge said:
Subletting certain rent controlled properties can also get YOU evicted, OP.

Tread carefully here, OP, which translated means you desperately need to hire a skilled real estate attorney versed in the nuances of LA and CA rent control ordinances and state law.
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I *think* that the OP owns the property in question...
 
If subletting was clearly prohibited in your lease you may be able to recover legal costs for evicting the unauthorized occupants from the original tenant.

I agree- find a local attorney and discuss your options. It is clear you don't know where to begin and need some help with it.
 
mightymoose said:
If subletting was clearly prohibited in your lease you may be able to recover legal costs for evicting the unauthorized occupants from the original tenant.
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I disagree...slightly. The OP may be able to get an order against the original tenant, if the lease is properly structured. In no way does that guarantee that the money will be collected.

I agree- find a local attorney and discuss your options. It is clear you don't know where to begin and need some help with it.
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Yep yep!
 
army judge said:
You need not reveal to me what you think.

However, bully for you telling me you think.
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The point is that the OP owns the home, so the OP doesn't have to worry about being evicted from the home as you stated was possible.
 
Zigner said:
The point is that the OP owns the home, so the OP doesn't have to worry about being evicted from the home as you stated was possible.
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Please respond to the poster, NOT other commentators or responders.

You are not a moderator or an admin, thank you.
 
army judge said:
Please respond to the poster, NOT other commentators or responders.

You are not a moderator or an admin, thank you.
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I do not claim to be an admin or a moderator. I was just trying to explain why your advice to the OP may not have been in line with the information that was posted by the original poster of the thread. I apologize if you were offended by my attempt to assist in clarifying the matter.
 
army judge said:
You are not a moderator
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I am.

And since I am unable to start a private conversation with you I am, respectfully, going to have to do it here.

In recent weeks several people (who I know very well) have come over from other sites to contribute their expertise here. Justblue, Zigner, Tax Counsel, to name just a few. On those sites we frequently do discuss the thread with each other. When one of us makes an error and it is pointed out by another, we accept the comment professionally, correct it if appropriate, and move on. We don't spit at the person offering the comment. I have a great deal of respect for you, your experience, and your expertise. But you are only human and occasionally do make mistakes. I ask that you accept constructive comments more graciously. After all, we are here for the benefit of others and we should, collectively, be as accurate as possible in the comments we make.

Thank you.
 

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