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Its California based. Not that I'm aware of there is a new…

Its California based Lawyer's...

Its California based

Lawyer's Assistant: Has any paperwork been filed?

Not that I'm aware of there is a new landlord - it is rent stabilized I'm master tenant and have a subtenant on contract no lease though they cashed my rent for four years so tenant at will have in email communication subletting is ok but now new landlord and new management says no

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Is it legal for me to sublet? CA

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

Just that I possibly want a buy out fee and have been harassed by three management companies at this rent stabilized address and that I asked to sign a lease each time and was ignored

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Answered in 1 hour by:
11/23/2017
socrateaser
socrateaser, Attorney
Category: Landlord-Tenant
Satisfied Customers: 40,164
Experience: Retired
Verified

Hello,

If the landlord has been waiving the right to refuse subleasing for four years, there is no way that a court will enforce the subleasing clause -- at least not until the subtenant has voluntarily terminated their lease.

The doctrine of equitable estoppel provides that where a party by words or conduct changes a position that contradicts a prior agreement, and the other party relies upon the change in position to their detriment (e.g., by establishing a sublease), the court will deny enforcement of the original position established in the agreement.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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socrateaser
socrateaser, Attorney
Category: Landlord-Tenant
Satisfied Customers: 40,164
Experience: Retired
Verified
socrateaser and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 8 months ago
basically she isn’t a subtenant anymore and I cannot sublease ?

The subtenant is a subtenant until she vacates voluntarily. The landlord can't change the rules once established different from the original agreement. However, if the subtenant leaves, then you cannot sublease again without the landlord's consent.

Note: Above, I used the term, "estoppel." After further consideration of California case law precedent, the applicable legal doctrine is "waiver," not "estoppel." "Waiver is the intentional relinquishment of a known right after knowledge of the facts." DRG/Beverly Hills, Ltd. v. Chopstix Dim Sum Cafe and Takeout III, Ltd. (1994) 30 Cal. App. 4th 54, 60.

The principle, for purposes of legal action is the same -- the landlord has waived the right to enforce the original "no sublease" provisions of the contract and California law.

Hope this helps, and Happy Thanksgiving!

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Customer reply replied 8 months ago
Thanks it does. But if I have one current sublease can’t I have another current sublease. The sublease agreement says a 30 day notice to terminate .... then i googled it and it said 60 day notice as I am the master tenant ..... why are you saying she has to voluntarily leave if she signed contract that said 30 day notice ?

If I have one current sublease can’t I have another current sublease.

A: No -- with the following possible exception. Different rent subsidized jurisdictions have ordinances that permit subleasing, regardless of the contents of a lease. I can't address these exceptions without reviewing your lease with the landlord and the local ordinance. If you want that sort of review, we would have to take this issue offline into an attorney-client relationship, and I would have to charge you customary legal services fees. If you're interested let me know.

The sublease agreement says a 30 day notice to terminate .... then i googled it and it said 60 day notice as I am the master tenant ..... why are you saying she has to voluntarily leave if she signed contract that said 30 day notice ?

A: Because the waiver operates in favor of the tenant who has been permitted to occupy the premises by the former landlord. The new landlord has revoked the waiver, and that would apply to any new sublease.

Thanks for using Justanswer!

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socrateaser
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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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