I moved about 3 months ago lucky to find a reasonable rate place in California. However I just found out that I was illegally sublet to.

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I moved about 3 months ago lucky to find a reasonable rate place in California. However I just found out that I was illegally sublet to.

Since I found out, the person who illegally sublet to me is harassing me via text messages to move out. What are my rights?

Asked on January 19, 2012 under Real Estate Law, California

Answers:

Madan Ahluwalia / Ahluwalia Law Professional Corporation

Answered 9 years ago | Contributor

I take it by illegal sublet you mean that the lease agreement between the landlord and the tenant restricts subletting the apartment. 

In any event, sending text messages to someone is not the proper way to evict someone in the state of California.  Either the Landlord will evict both you and the tenant with an unlawful detainer action, or the tenant will have to evict you. 

Maybe you should approach the Landlord and ask to have the lease assigned to you directly?  The tenant will also have to sign off on the lease assignment, but that scenario may be in the best interest of all three parties.


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