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I have a friend who is a sublandlord in California and he's on a month to month lease. He wants to move out because the house is in a terrible condition and the subletters are terrible roommates. How can he legally do this?

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  • What terms does he have with his subletters? Are they on leases, or month-to-month?
    – Ron Beyer
    Dec 17 '19 at 12:57
  • They are not on the lease and they are month to month. They have lived with him for about a year and a half.
    – Hekya3900
    Dec 18 '19 at 17:20
  • Is he allowed to sublet or is he doing this outside his lease?
    – Ron Beyer
    Dec 18 '19 at 17:55
  • The landlord gave permission. As far as the legality on that front, I do not know.
    – Hekya3900
    Dec 18 '19 at 21:44
  • Does "I have a friend" keep this from being a request for legal advice. Jun 12 at 0:40
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Then if they are just month-to-month he should give a "30 day notice to quit" or a notice not to renew at the next rent payment. If they have been living in the property for more than a year, he will have to give a 60 day "notice to quit". There are certain circumstances that allow shorter periods (like failure to pay rent, violating a lease, or drug dealing from the property).

The "notice to quit" does not need to state any reason, only that they need to be out by a certain calendar date. The landlord should get a copy of this, sending it by registered mail is best, but other methods like sending email with read receipt may work as well.

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Your friend (the sublandlord) is a tenant of the owner, and must give the owner notice that he (the sublandlord) will be moving out. The legal requirement to give the owner notice won't be satisfied by copying the owner on the sublandlord's different notice to the subtenants.

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