What Is A California Lessee’s Liability For Expired Lease When Other Tenant Refuses To Vacate?

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What Is A California Lessee’s Liability For Expired Lease When Other Tenant Refuses To Vacate?

The Lessee never actually resided in the property. He leased the property for 6 months for his mother’s use. The lease has expired, the Lessee has given the required 30 day notice, however, his mother refuses to vacate the premises.
Does the Lessee have any liability since he personally complied with the Lease and it is not him, but his mother, the tenant, that is “squatting” on the Property?

Tags: California, Expired, Lease, Lessee's, Liability, Other, Refuses, Tenant, What, When

This entry was posted on Wednesday, September 23rd, 2009 at 3:09 am and is filed under Lease Agreement, Q & A. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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3 Responses to “What Is A California Lessee’s Liability For Expired Lease When Other Tenant Refuses To Vacate?”

Landlord says:

September 23, 2009 at 3:40 am

he is still responsible. He has not surrendered the property yet. CA law has the lease go month to month until it has been ended by all parties.
you gave notice, but failed to perform said notice. You (all of the occupants) have to move out before the landlord can regain possession.
You are still liable for the rent, damges, etc etc. your notice meant nothing since you failed to act upon it.
Wildcat says:

September 23, 2009 at 4:05 am

He has the responsibility of getting her out. If he cannot and she still refuses to leave then you just have to evict her. With not being on the lease, she has no choice in the matter.
EDIT: When a lease expires it typically goes to a month to month lease. She is not a squatter. She is still a tenant and must be properly evicted.
A squtter is someone that never had any rights to be there in the 1st place.
Starry Eyed Girl says:

September 23, 2009 at 4:39 am

I’m wondering if you ever confronted him on this issue during the lease period, because technically if she was the one who would be living there, she should have been the one signing the lease agreement, even if he was making the payments for her. In a way, you’ve had a “squatter” there for entire period of the lease. I think you might have to handle it that way, instead of trying to deal w/ the tenant who signed the lease. I would notify authorities you have a squatter!
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