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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102162
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My tenant sublet the rooms without my approval. She post to

Customer Question

My tenant sublet the rooms without my approval. She post to air bnb to lease out the rooms. I have printed out her listings and reviews from customers. In our contract, it has been indicated no sublet and non residential use. Also, she changed the lock without informing me. what document should I prepare to evict her?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
To clarify, can you please tell me:
1) What state is this in - CA?
2) Does your contract specifically mention no subleases, or no Airbnb, or other such language?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
We are in Daly City. Yes, we indicate that
Expert:  Ely replied 2 years ago.
Thank you.
In CA, a breach of lease other than rent requires a three day notice to quit. You can find the form here to fill out.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.
Will this be abLe to evict her
Expert:  Ely replied 2 years ago.
Not quite. It is the notice to quit. If she does not leave within the 3 days, then one files a formal eviction and has a hearing. If she still does not leave after the hearing, one can get a WRIT and have the authorities move her out.
You can see an overview here.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.