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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33761
Experience:  15 years real estate, Realtor. Landlord 26 years
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I am a master tenant of an apartment in oakland. I want to

Customer Question

I am a master tenant of an apartment in oakland. I want to evict a subtentnat of 6 months. They are a couple that has broken up and one person has taken possesion of the living room and the other has taken the original room without consultation from me. I have expressed my dissatisfaction and am unsure how to proceed. This has been going on for 3 months. Am I within my rights as a master tenant to issue a 30 day eviction notice?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Am I within my rights as a master tenant to issue a 30 day eviction notice?

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Yes, if you are the master tenant, then the subs are your tenants and you are their landlord. If they haven't been living there over a year, you can terminate their tenancy with a written 30 day notice to terminate and then evict them through the courts in an "unlawful detainer" action in court if they won't vacate.

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If they don't vacate in 30 days, you as the landlord can file an Unlawful Detainer (eviction) action in the local Superior Court. The tenant has 5 days to respond or landlord can file for a default judgment. Once the judgment is final (tenant does not appeal) landlord can get a writ of possession. On the6th day after getting the writ of possession delivered, landlord can have the sheriff supervise the eviction of any tenant and their belongings.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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