How do I get rid of a subtenant

Question

I'm taking over the property management for my mom and, for one of the units, the tenant is subletting. Apparently, in our lease we do not allow subletting. The subtenant is very dirty, refuses entry into his room, and will not leave. The tenant even tried to get him to leave and called the cops on him but he refuses to leave.

Since this subtenant was not in the original lease, can I evict him immediately for tresspassing? I would like to remove this individual to help the tenant, and enforce no sublets in the future. She paid on time for 9 years so I want to keep her as tenant but get rid of the subtenant.

Thanks,

Michael

Ned Carey · Answer

In part it will depend on your state laws. It seems to me you have a case for breach of lease against the original tenant but not the sub tenant. In MD you can file for "wrongful detainer" which basically is an eviction for someone who is not a tenant but has no right to be in the property. CA probably has something similar but calls it by a different name. I would also look at the lease between your tenant and the sub tenant. There may be an action for breach of lease there. Good luck - Ned

Brian P. · Answer

I allowed subletting but not really, my leases required a automatic rent increase to the original tenant of x dollars per day for every day the property is occupied by some one other then the original tenant. This way I can sue the original tenant for more and it is a good deterrent and the few tenants that wanted to do this changed their minds when they thought about the risk. They just assumed the sublease passed all responsibilities onto the new tenant. When they found out they could be held for damages etc done by the new tenant and they weren't just going to be pocketing some extra bucks each month they quickly changed plans, they didn't want to be a real landlord.

Marcia Maynard · Answer

Hey Steve, I agree with what you posted except for the characteristic of our state being a super tenant-friendly state like CA. I view Washington State as a landlord-friendly state, with perhaps the exception of Seattle/King County where the tenant union has been strong and has caused the passage of some local laws that make it more difficult for landlords. We fight hard via our lobbyists in Olympia to keep our state laws favorable to the needs and concerns of landlords. The fact that I can complete an eviction in less than 30 days and that I also have an option to serve a 20-day "no cause" notice to terminate a rental agreement supports my view. I haven't seen any RCW that makes my job as a rental property owner and manager harder or onerous. I actually think our landlord-tenant laws provide good protections for both the landlord and tenant. They are well balanced. However, as to how they are written, some could use improvement, definitely in need of word-smithing!Our local rental association prints a booklet called "Washington State Residential Rental Laws" that includes all the RCWs pertaining to landlord-tenant law, along with a 6-page summary. If you are interested in getting a copy, send me a private message and I will tell you how. I'll also share with you how you can support the lobbyists that are working in Washington State for our industry. Every year there are those who aim to pass laws that would hurt us, so keeping on top of what is happening in Olympia is important. All in all, I think we have it pretty good here in Washington!Hope to meet you at a meet-up in our state sometime!

Steve Vaughan · Answer

Here in WA, another super tenant-friendly state like CA, it matters how long they have been there. If sub has been there longer than 30 days, they have full rights as a regular tenant. They were also an invited guess, so trespassing may not apply. As stated above, post a proper 48-hr (in WA) notice of intent to enter and a 5 or 10-day (depending on your state) notice to correct a violation of the lease. Here you can't just evict for a lease violation unless it's super serious. After your 9-yr tenant fails to correct the sublet situation, you may be able to move forward with an eviction.

Marcia Maynard · Answer

Sounds like the original tenant thought renting out a room would be a good idea and the idea backfired. I can see this happening when a tenant does not fully understand the concept of subletting and the consequences of such action. If the tenant is otherwise a good tenant, I would do what I could to save her tenancy. I would count on this being a good learning experience for her.This is a really tough situation to deal with, especially in California. Remember the story of the nanny who wouldn't leave and the air b-n-b guests who wouldn't leave? Shiver me timbers! I would try to negotiate a move-out with the subletting tenant. Cash for keys... with the original tenant paying out the cash. If that did not work, then the assistance of an attorney would be in order... with the original tenant paying the attorney fees.I would meet with the original tenant first and tell her... "Houston, we have a problem... here are our options....." Then I would meet with the subletting tenant, he is after all a tenant too, and find out his intentions. I would talk with both tenants about the current situation, what is working and what is not working, and what needs to be done. It is important to be firm, fair and swift in addressing the matter.Oh, also... serve a "Notice to Enter" and inspect the entire unit as soon as possible!

Roy N. · Answer

@THANG BUI Why would you entertain allowing the tenant to remain? S/he broke the lease agreement by subletting the unit without you {written} consent, how can you be certain it will not happen again?

THANG BUI · Answer

Thank you for the response Ned. I called an attorney and they recommended that I file an eviction for breach of lease. I can evict the subtenant but later decide to allow the tenant to stay... Wish me luck