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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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My landlord contacted me today and said that an ad I created

Customer Question

My landlord contacted me today and said that an ad I created on AirBNB was a violation of our no sub lease agreement clause here in california.
We never had anyone stay from airbnb and when they asked that I take down the ad immediately I complied.
Our lease ends on August 31st and they said they do not wish to continue the month to month arrangement because of this.
Also I found this article stating a recent overturn in court regarding this matter.
http://nypost.com/2014/06/18/judge-nixes-illegal-airbnb-subletters-eviction/
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, I am sorry to learn of your landlords decision not to renew your lease or permit you to remain as a "holdover" tenant at the end of your current lease term.Unfortunately, the article you cite is for New York city, and the law here in California is very much in your landlord's favor. You are fortunate that your landlord is not pursuing an eviction, and has not posted a formal "3 day notice to cure" as this would have made it much more difficult for you to find a new unit to lease in the future. Currently you can apply for future apartments or homes without having any adverse rental problems related to this issue (your landlord didn't evict you and didn't take any formal action, so there isn't an issue), but you don't have any legal basis to force him to extend your lease.
Customer: replied 1 year ago.
3 day notice to cure? I have been faithfully paying my rent, and never actually had anyone stay here.How can an ad on airbnb prove that I had actually violated the no sub lease agreement?I feel that I have more rights in this situation than being evicted.
Expert:  CalAttorney2 replied 1 year ago.
The landlord has not issued these notices, so you don't have to worry about them.Many landlords will issue a 3 day notice as soon as they find their property listed on Air b-n-b (or any similar website).You are not being evicted, your lease is not being renewed. This is different, and it is an important distinction to keep in mind when you are applying to future units - your lease is not ending due to an eviction, your lease is simply not being renewed.

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