California Apartment Association

Question: One of our residents brought in a roommate without my permission or consent. We have a clause in our lease prohibiting assignments or sublets of the lease. How do I prove the tenant is in violation of the lease?

Answer: In many cases it is difficult to prove because many times the claim is that they are just overnight guests. However, if there is enough circumstantial evidence, such as receiving mail at the premises, traveling to and from work, using the laundry and other facilities regularly, you will have enough proof to satisfy most judges.

Question: If we serve a three-day notice and the tenant decides to move out, is the tenant responsible to pay the monthly rent until the apartment is leased?

Answer: So long as you attempt to relet the premises, the tenant is still liable for the rent until the lease expires or the apartment is relet, whichever occurs first even if he vacates pursuant to a three-day notice to perform or quit.

This page contains members-only content!
Sign In To Viewor learn more about joining CAA

Recent Legal Q&A posts:

• Legal Q&A: Landlords responsible for former tenants’ mail?
• Legal Q&A: Tenant threatens to paint unit, deduct cost from rent
• Legal Q&A: Outdoor beer-drinking prompts complaints
• Legal Q&A: Tenants say we’re ‘picking’ on them
• Legal Q&A: Must carpeting be replaced within a certain timeframe?
• Legal Q&A: Rental applicant is paid ‘under the table’
• Legal Q&A: Can tenant claim ‘buyer’s remorse’ to get out of lease?
• Legal Q&A: Tenant owing back rent will likely file bankruptcy
• Legal Q&A: I suspect next-door neighbor is dealing drugs
• Legal Q&A: Can I charge tenant for painting unit purple?