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Per Businesses and Professional code 10131 the lease is void if the PM is not licensed. The tenant can vacate the unit without giving notice if the lease is illegal and the deposit would need to be returned. There can still be deductions for damages. A small claims judge can determine an implied lease between the actual owner and tenant so to be safe the tenant would give 30 days notice to the owner since an implied lease does require 30 days notice
An implied lease is one that is based on fact, i.e. the fact that a person is liVing in the unit and paying rent. It would be implied between the owner and the tenant, not the PM.
Subletting would require a finding that the lease was valid. If the lease is invalid due to the PM issue, there would be no tenancy to sublet for. Rather it would be an implied lease and those are month to month.
And yes, that is correct about small claims and the deposit.
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Yes an implied lease is month to month un less rent is paid more frequently. The duration of the implied lease depends on how often payment is made.
That code states the PM must be licensed. The legal doctrine that illegal leases are void is based on common law
Duffens v. Valenti is a CA case discussing how illegal contracts are void based on public policy.
No, the o ligation terminates when the notice is effective provided the tenant moves out.
The obligation ceases after the 30 days is up, that is correct
Yes the statute requires the deposit or an itemized accounting be provided within 21 days of vacating. Provided tenant leaves a forwarding address.
If a tenant subleases, the sublessee would have the same issue with the non licensed PM so that would continue to create issues and the court does not choose remedies that would be illegal. Similarly if the lease is void that would include future obligations imposed by the lease.
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I hope the above information has been useful; please remember we can only provide information and cannot advise a particular course of action.