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Regrettably, i decided to sign a lease with a new

Customer Question
Regrettably, i decided to...

Regrettably, i decided to sign a lease with a new girlfriend . she is abusive and I want to terminate my lease. she will not vacate, and the landlords will not sign a lease with her because she violated pet policy and they know she's trouble. she will not pay the rent or vacate. I want to avoid an eviction because it will stain my record and I want to buy or rent a different home. the landlords are chinese and communication is not good between us. they will not let me terminate without vacating

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

1 year lease. i recently lost my job and became temporary disabled in car accident. no maintenance issues

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
11/15/2017
Lawyer: Gerald-Esquire, Attorney replied 8 months ago
Gerald-Esquire
Gerald-Esquire, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5,366
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald-Esquire, Attorney replied 8 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am sorry that you are having these difficulties. There is a way out for you, but it is going to require some effort on your part.

Based on your description you have a "Sub-Tenant" situation. You are the tenant to your landlord, but this woman is a tenant to you.

This means that the law allows you to step into the shoes of the landlord for the purpose of evicting the woman.

You have reason to evict her: non-payment of rent, violation of the pet policy, and threats and violence directed toward you.

The law will allow for a fairly quick eviction in this circumstance.

Also California has an excellent self help program. You can visit one of the Self Help centers and get assistance in completing the forms that you need.

See:

http://www.courts.ca.gov/selfhelp-selfhelpcenters.htm

You can get the forms you need here:

http://www.courts.ca.gov/selfhelp-housing.htm

Here is a guide that explains the eviction process for the landlord:

http://www.landlord.com/guide_to_eviction_process_ca_summary.htm

If you take a little time and effort you can have her removed quickly.

One last thing - if she threatens you or is violent toward you, contact law enforcement and file a Restraining Order. That will get her removed from the property.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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