Hello, I own a condominium in Southern California and I just found out that my tenants have been subletting a room on a per night basis on a Bed & Breakfast website for about 6 months (at least). Their lease clearly states that they are not allowed to sublease without my consent. Do I have any legal right to sue them for the rental income that they collected on my property? Does that income legally belong to me? Or is the best that I can do involve eviction?
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Breaking a Lease Tenants sublet on a website
- Thread Starter mmec
- Start date
army judge
Super Moderator
Your only legal recourse is to bring an eviction action against your tenants for breaching the terms of their lease, to wit: subletting.
You have no legal right to any income they may have acquired.
KatDini
Well-Known Member
How do you know that the IRS is not already aware of their activities? If they are using the big name website for renting out that room, then I'm willing to bet, like eBay, that any amounts (over whatever the IRS minimum may be) made by the hosts are being reported.
army judge
Super Moderator
Frankly, the IRS doesn't care about nickels and dimes.
You're a citizen, give it a go.
If I were you, I'd just be happy to get them out of my unit.
Trying to evict them won't be fun, easy, or without effort.
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