Modifying a Lease Rights of sub leaser in eviction situation

[katydidok]

Jurisdiction

California

I am a sub leaser of an apartment in the city of Los Angeles. I took occupancy of the apartment on Nov. 1st, 2015. I paid the woman who is the tenant on the lease first and last months rent. I also signed a sub lease agreement with her for one year. I have always paid my portion of the rent to her on time. She recently informed me that she is $9000 behind in rent payments. She was recently served papers of notice of pending court date for eviction. What are my rights in this situation? I would like to take over the lease, as I like this place and really do not want to move again. I have an excellent credit and rental history. Should I address the management company myself and propose this scenario. I do not want to be liable for any of her debt. But I want to stay on the premises. Please advise.

 

[adjusterjack]

What are my rights in this situation?

You have the right to sue her for whatever monetary loss you suffer as a result of her eviction.

Beyond that, it's likely that the management is going to want both of you out and have a clean slate for the apartment.

I suggest you check the court for the eviction case file to see if your name is also on it. If it isn't they may turn around and evict you once they find out about your occupancy.

I would like to take over the lease, as I like this place and really do not want to move again. I have an excellent credit and rental history. Should I address the management company myself and propose this scenario.

Sure. Couldn't hurt. But I think the first question you might be asked (I'd certainly ask it) is if you are willing to make up the $9000 default so as to stay in the apartment.

I do not want to be liable for any of her debt. But I want to stay on the premises.

Might not be able to have it both ways.