QUESTION
I have a lease agreement through a real estate broker in Palm Springs California, and the tenant created a sublease without my knowledge.
Asked on May 28th, 2017 on Real Estate - California
More details to this question:
I was made aware from the sub-tenant because I arranged for a repair of the A/C. The initial tenant abandoned the property, but was collecting rent from the sublessor for $300 over the amount, then failed to pay the utilities, so all the utilities are shut off. The sublessor insists she's paid through July but the lease ends June 3. I have a pending court date with the sublessor, defaulted the original tenant through the Unlawful Detainer process. Apparently, the sublessor told me she changed the locks, threatened me to be in court because I have not had the electricity turned back on (was not included in rent, so still in original tenants name). The original tenant took rents from sublessor but has not paid rent, and he is not willing to pay the deposit back to the sublessor, or pay the arrears on utilities. I'm following the court guidelines, but what should I expect from the broker leasing agent?
1 ANSWER
You really need an attorney. Even though it is the tenant's fault, not yours, that the utilities got turned off, in a lawsuit between the subtenant who occupies your home and you, as the landlord, you might have a difficult time proving that you did not share some percentage of the blame. Unless the subtenant was actually given a copy of your written lease with your tenant, and that lease has a provision about no subleasing without your prior written consent, the subtenant is more a victim than you are. The subtenant has been paying rent, just to the no-good tenant, not to you.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on May 30th, 2017 at 8:57 AM