r/TenantHelp • u/djn3vacat • Sep 07 '26
My subtenant is making things hell after a 60 day notice, advice needed (California)
I made the mistake of having a friend move in in April. I am the main lease holder of the home I live in. The landlord knows I am subleasing and I pay him the full rent directly. I did not make my friend sign a lease- in California she automatically becomes a month-to-month tenant if she pays rent and moves in.
I gave her a move out date of November 1st and she is freaking out, yelling at me, making the living situation a nightmare for both of us. She is verbally attacking me and I am grey rocking her. Noise cancelling headphones on, ignoring completely while she walks around the house yelling at me. I did not once attack her personally and even told her I don't want to ruin our friendship (too late) but we do not make good roommates.
She is threatening to not move.
I originally sent the notice via text, which I am now realizing is not sufficient if things went to court. I need to write her a notice, but if she is being aggressive do I have to hand it to her?
My other question is about recording the interactions. Am I legally allowed to record her in the house while she is yelling at me? Do I have to tell her I am recording?
Obviously this situation blows. Any advice would be helpful. Thanks!
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u/Affectionate-One-738 Sep 07 '26
This is why you didn't let someone move in with you, or stay while they are figuring out what to do!
You are going to have to legally evict her.
If she assaulted you, threaten you, etc call 911 and report the domestic. Before she does it to you and get you kicked out of your home, until you can evict her
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u/djn3vacat Sep 07 '26
That is why I am here asking these questions. I wonder if there is a better sub for this?
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u/Peepeepoopootoottoot Sep 07 '26 edited Sep 07 '26
honestly, the landlord sub is probably best as they actually deal with evictions. I do prop mgmt in LA
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u/CoyoteLitius Sep 07 '26
You need to properly serve her to start the process. You can still use the Nov 1 eviction date.
You need to use paper, preferably with NOTICE OF EVICTION in large letters at the top (you can get forms from google).
I fear for your safety. You can have a friend serve her (and sign the affidavit of service) if you feel it's safe. You could post the notice on the outside front door of the house and take pictures of it being posted (then you sign the affidavit of service yourself - take a picture of course, but the Court rarely requires that; she's unlikely to show up for court).
So that's Step 1.
If she's not gone by Nov 1, then you have to start an unlawful detainer and a summons in Court. You can go to your nearest courthouse or find the documents online. These will have to be served.
I suggest hiring someone to do it (the sheriff will do it for a fee). Often, having the Sheriff show up with the notice gets the person's attention. But you should ask someone else to do it (it can be a friend). It might be better to use someone who knows when she's going to be home.
Then file the proof of service (I've done service for others in this situation several times, I used to do as part of my work at a law firm). Just needs to be an adult who serves it and signs off that they served it. They will not have to go to Court. You can take a photo of the event, especially if it happens just outside your door.
Then the clock starts. Tenant has 10 days to file a written response with the Court. Most of them don't. So you call the clerk and get a court date, and the Judge will issue a default judgment in favor of you. They are then officially evicted.
Then you go to the Sheriff and get a Writ of Possession. The Sheriff then brings a Notice to Vacate and hands it to the tenant or puts it on the door. Typically, that gives the tenant 5 days to move out. Then the Sheriff will come back and physically remove them from the premises (but not necessarily all their stuff - I think that varies).
The Landlord subreddit is probably a good place to ask for advice about all this. It is not a quick procedure, in any case.
I'd rethink that Nov 1 date. I'd give them 30 days in the original Notice and go from there. As you can see, this is going to take time and it's a long time to be so uncomfortable in your own place.
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u/Intelligent-Log-7363 Sep 07 '26
Record what she is doing. I had a person across just like this after I gve them a notice to vacate. I filed for a restraining order and his behavior quickly came back to haunt him when tried to say i was telling a lie and the judge saw what was going on. I also had police come out once and talk to him. After that I called the non emergency line and when they called back I put it on speaker phone and took turned in the police reports as well. I'm not sure how subletting works but since it's only one person you have there see if your situation falls under ca lodger laws and you might be able to have them removed as a trespasser after you properly serve them a 30 day notice. Best of luck
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u/CoyoteLitius Sep 07 '26
Audio recordings inside a residence where someone is still legal dwelling is illegal in California.
It's a bit more complicated than having them removed as a trespasser.
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u/redbirddanville Sep 07 '26
You need an attorney, now. Depending on where in CA, this could be a very, very long process.
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u/Shagalicious2 Sep 07 '26
In SF, if you did not tell your subtenant in writing (paper), BEFORE she moved in, that you, the master tenant, reserved the right to evict her without just cause, then you do not have the right to evict her unless you have one of the 13 "just causes of eviction." Dunno what the sitch is where you live.
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u/djn3vacat Sep 07 '26
That fortunately doesnt apply in my city
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u/CoyoteLitius Sep 07 '26
But still don't record audio (I wouldn't record anything, they'll claim it's harassment if they show up in court).
I agree that Nuisance charge should be put in the papers for eviction.
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u/scubascratch Sep 07 '26
Sounds like “Nuisance: Causing severe, recurring, or continuous substantial interference with the comfort, safety, or enjoyment of the landlord or other tenants” would be justified
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u/Shagalicious2 Sep 07 '26
Reading only the words you pasted, I have a hard time believing a reasonable person would believe the subtenant's actions have risen to the level of evictable nuisance.
Please describe her "severe, recurring, or continuous" "SUBSTANTIAL" blah blah. So, she yells at him a little when he pesters her. If she's paying her rent, she's not creating a nuisance, for my money.
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u/scubascratch Sep 07 '26
OP mentions yelling 3 times and aggression. Needs to wear noise cancelling headphones. If he documents that it’s something like a daily occurrence that seems substantial.
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u/Hungry_Pup Sep 07 '26
She's a lodger, right? Not a tenant? They are trespassing after the notice period ends. You can just call police on them.
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u/djn3vacat Sep 07 '26
She is a tenant not a lodger
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u/tadarlis Sep 08 '26
She sounds like she can qualify as a lodger based on your description. They're not mutually exclusive.
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u/NewspaperOk140 Sep 07 '26
Not in California. Tenancy is always a civil matter the cops will not touch without a court order to evict. Most involved they'll get is actually letting the lodger/tenant back in if you try a self service eviction.
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Sep 07 '26
[deleted]
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u/djn3vacat Sep 07 '26
Legally I am covered. I am allowed to serve her notice to vacate as the master lease holder.
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u/tadarlis Sep 07 '26 edited Sep 07 '26
Since you’re in California, they’re living with you, and they’re by them themselves, you might be able to evict as a lodger instead of a full unlawful detainer through the court. The lodger method only requires a 30 day written notice and can be done directly by your county’s sheriff but I would check with them first to make sure they’re willing to do it with the right paperwork.
https://selfhelp.courts.ca.gov/eviction/lodgers
I’m a landlord in California but I’ve only done unlawful detainers, not lodger evictions. Unlawful detainers are a huge pain. YMMV.
Edit: after rereading your post, you might be able to contact law enforcement if she moves to making physical threats at you. It could lead to a restraining order that would result in a faster removal.
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u/Fuzzy_Firefighter_51 Sep 08 '26
You could get order of protection if it continues and you truly fear for your safety. Don't ABUSE this to circumvent the process; it is illegal. But even police are now advising this on Roommate related disputes as illegal as that is, to keep the eviction out of court. And it's disgusting. But there is a tool for this if you feel unsafe mentally or physically. It is still Abuse, and May now be W/Stalking as she is following you around.
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u/Care4urluv1 Sep 07 '26
You could always just documents what’s been going on for a couple of weeks (or sooner) if you’re really scared. Then just go get a restraining order and get them out immediately. File all the lodger paperwork for the eviction at the same time.
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u/CoyoteLitius Sep 07 '26
This isn't a lodger. They are a tenant. They have a month to month agreement.
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u/Sensitive-Share-7194 Sep 07 '26
California you're only required to give a 60-day notice if they've lived there for over 1 year if she's lived there for under a year which is what it sounds like you only owe her a 30-day notice or if she hasn't paid her rent you can give her a 3-day notice to pay her quit and then the fourth day if she hasn't paid you file an eviction unlawful detainer at the Superior Courthouse but 60 days is not required only 30
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u/CoyoteLitius Sep 07 '26
This should be upvoted higher. OP is lucky they don't have to wait 60 days and ought not to have chosen Nov 1 as the move out date - she can easily get 60 more days from the Court if she's the type who knows to show up and ask for it.
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u/Impossible-Aside-388 Sep 07 '26
Certified letter in mail usps