Quote from @John WIlson:
A tenant of mine has been living in a rent controlled unit since the '80s & pays $1000/mo. for a 3 bedroom (market is $3,800). It has come to my attention that a new sublessee has moved in a few days ago. The original tenants do not live there, however they still pay us monthly. I am almost positive they are making bank from this sublet situation. We have the original lease, which prohibits subleasing, but we are missing the last page which has a signature. We are willing to do anything within the confines of the law to bring this unit to market again. Do we have any recourse? Thank you.
If your in california then you might be screwed. Does your lease specifically say they cannot sublet? I cant beleive this is a thing some places.. but heres what I found... iam not a lawyer though so take it with a grain of salt.
When it comes to subletting a rental unit in California, what the lease says goes. Tenants can legally sublease their unit unless the landlord specifically says they can’t in the lease—and even then, depending on where they live, they may have some leeway. Some California cities, like San Francisco, are more permissive when it comes to subletting. But no matter where they are in the state, landlords have the right to be selective in who they allow subletting a unit (as long as their requirements are reasonable).
San Francisco almost always permits subletting
San Francisco is one city in California that is a lot more lenient when it comes to subletting. Even if subleases aren’t allowed in the lease agreement, the city typically allows tenants to replace or add more roommates as a way to keep rent costs manageable. Tenants must ask their landlord for permission to do this in writing. The landlord has 14 days after receiving the letter to accept or deny the proposed subtenant.4 A landlord who denies a proposed subtenant must have reasonable justifications for doing so and provide those reasons in a letter to the tenant.
For leases in San Francisco that don’t include any clause on subletting, tenants don’t have to get landlord approval before having a subtenant move in. However, they can’t have more people living in the unit than are allowed by the lease. Landlords also can’t prevent the child of a current tenant from moving into a unit, as long as they’re under 18 years old.