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Illegal AIRBNB Subtenant wont leave

Discussion in 'Eviction, Recovery of Premises' started by Sam F, Jul 23, 2019.

  1. Sam F

    Sam F Law Topic Starter New Member

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    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.
     
  2. Zigner

    Zigner Well-Known Member

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    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.
     
    hrforme likes this.
  3. Zigner

    Zigner Well-Known Member

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    Also, I STRONGLY advise that you hire an attorney to deal with this matter, lest you screw it up.
     
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  4. adjusterjack

    adjusterjack Super Moderator

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    Get a lawyer. You are obviously clueless.
     
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  5. justblue

    justblue Well-Known Member

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  6. Zigner

    Zigner Well-Known Member

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    Not only does the OP have to deal with California law, the OP also has to deal with Los Angeles-specific rules.
     
  7. zddoodah

    zddoodah Well-Known Member

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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.

    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).
     
    Zigner and justblue like this.
  8. army judge

    army judge Super Moderator

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    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.
     
  9. justblue

    justblue Well-Known Member

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    I *think* that the OP owns the property in question...
     
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  10. mightymoose

    mightymoose Moderator

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    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.
     
  11. Zigner

    Zigner Well-Known Member

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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.

    Yep yep!
     
  12. army judge

    army judge Super Moderator

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    You need not reveal to me what you think.

    However, bully for you telling me you think.
     
  13. Zigner

    Zigner Well-Known Member

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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.
     
  14. army judge

    army judge Super Moderator

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    Please respond to the poster, NOT other commentators or responders.

    You are not a moderator or an admin, thank you.
     
  15. justblue

    justblue Well-Known Member

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    I was just trying to clarify a point for you...There was no reason to be rude.
     
  16. Zigner

    Zigner Well-Known Member

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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.
     
  17. adjusterjack

    adjusterjack Super 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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  18. zddoodah

    zddoodah Well-Known Member

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    Speaking of other sites, anyone else unable to access Expert Law or know what's up there?
     
  19. justblue

    justblue Well-Known Member

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    No...we were actually talking about this yesterday at another site. Seems like they closed shop.
     
  20. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Is there actual evidence they have actually shut down and not just an outage?
     

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