If I have a subtenant who has not paid rent but signed a lease at a different place, what can I do?

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If I have a subtenant who has not paid rent but signed a lease at a different place, what can I do?

For the past 2 months, this subtenant of mine has not paid rent and he is not on my lease. He just signed a lease for an apartment elsewhere and paid the rent and security deposit. He refuses to leave. I need to know if he is now trespassing and if so, what can I do? I started the eviction process lst month and was awarded a default judgment. I also had heard that a subtenant may not establish multiple residences and I would like to know if this is true.

Asked on June 14, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Wait: was he evicted?  In other words, do you have an order of eviction?  Then you need to execute the order by getting a warrant of eviction and serving it on the Sheriff or Marshall to get him out.  You have done all the hard work already.  If my interpretation is not correct pleae write back.  Good luck.


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