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Maverick, Attorney
Category: Legal
Satisfied Customers: 5749
Experience:  20 years experience as a civil trial and appellate lawyer
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I am landlord I need help for having issue with tenant. CA,

Customer Question

I am landlord I need help for having issue with tenant.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: CA
JA: Has anything been filed or reported?
Customer: None
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes.
Submitted: 1 month ago.
Category: Legal
Expert:  Maverick replied 1 month ago.

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Expert:  Maverick replied 1 month ago.

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*Can you please state your specific legal question so we know what type of answer you are looking for?

*What have you tried on this front so far?

Customer: replied 1 month ago.
I signed lease with current tenant in March 2014 as landlord, on that time we have “signed addendum” to allow tenant sublease portion of the house to other people. On 2015 and 2016, we re singed new lease each year and keep same rent. Also the current lease does not have “signed addendum” for allowing tenant sublease portion of the house to other people. On 05/10/2016 I went to the house to repair items, I find the tenant has a cat. I email to tenant notice her that having pets in the house is lease violation. But I did not take any action. Tenant later send email to say they send cat gone. On 09/07/2016, tenant send me a dead Rattle snake picture said the snake was found in the entry area inside of the house and say there are gaps on the front door and side garage door. On 09/07/2016, I find the tenant rent portion of the house to other people, I talked to Mr. Dan and ask if he ever seen snake or cat. Mr. Dan told me he never saw snake but tenant has cat before. Mr. Dan told me he has already live here year and half. My question is: 1, I really want to get rid of this tenant since she always let me come and repair many unnecessary things like change light bowl…., once a month. I feel I have no life since I have this tenant. How can i let them move out without letting them sue me? 2, Can I still use having cat as a reason let tenant leave? Even I did not take action in May and she told me later she sends cat away? 3, Can I tell tenant that she subleases portion of the house to other people is lease violation even we signed addendum in 2014 lease but there is no addendum allowing sublease in current lease agreement. Anyway, I really need your advice to deal this situation and how to let tenant move out. since they keep saying this is urgent life issue.
Expert:  Maverick replied 1 month ago.

Take a look at you lease agreement for the current year and see if it states that the LL's approval is required before a tenant can sublease. If it does state that and no such approval was given then you should be able to hold the tenant in default of the lease, send a notice to vacate, and move for eviction if the tenant fails to comply. Also, if no pets are allowed and you see the cat again, then you can do the same thing. A three day notice to quit is proper for the sublease violation and may also be appropriate for the pet violations if you see the cat again or can prove that she lied about getting rid of the cat.

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