Can a master tenant evict a subtenant Oakland?

Though subtenants are not legally responsible for rent payments to the landlord because their direct relationship is with the master tenant, if a master tenant is evicted, the subtenant will be evicted also.

What happens if a joint tenant moves out?

A joint tenancy does not end when one joint tenant moves out of the property. If at least one of the joint tenants continues to live in the property as their only or principal home, the tenancy continues. The departing tenant can still be pursued for future rent arrears or costs due under the agreement.

Do subletting tenants have rights?

Rights and responsibilities when subletting The subtenant will have the same rights as the original tenant, regarding the use of the property. For example, if the original tenant has a residential tenancy, they may not conduct business from that property.

Can a tenant evict a subtenant in California?

If the subtenant doesn’t follow the terms of the lease or the sublet agreement, the tenant can evict them through regular eviction proceedings. Landlords can’t evict subtenants because they are not named on the original lease.

Can one tenant terminate a joint tenancy?

Ending a joint tenancy Landlords can not solely evict one tenant from the property, they would have to evict everyone and end the tenancy. You can not end a fixed-term tenancy before it expires unless the tenancy agreement has a break clause or all the joint tenants and the landlord agree to end it.

What is a master tenant?

A master tenant is, essentially, the only person in a unit who officially has a lease agreement with the landlord. All of his or her roommates are sub-lessees who only have an agreement with the master tenant. The reason this occurs is because landlords are only able to raise rent to the market rate once the last lease-holder has vacated the unit.

What happens when a master tenant refuses to leave a house?

If the judge rules in favor of the master tenant, a sheriff will then serve the subtenant with a 5-day “lockout” notice to vacate. If they still refuse to leave at that point, law enforcement will physically remove them, and the master tenant can legally change the locks.

Can a master tenant evict a subtenant for unpaid rent?

When evicting a subtenant, whether it be for unpaid rent , a lease violation or any other reason, the master tenant must follow the proper legal procedures, as violating a subtenant’s legal rights can lead to a wrongful eviction lawsuit against them.

What are a master tenant’s obligations when subletting a room?

A master tenant who has sublet a room owes the same obligations to the subtenant that a landlord does to his tenants, including the duties set out in local rent control ordinances.