HELP! I'm subletting and main tenant is in violation of her lease! (CA) (apartment, evict)

[MisterCali]

Well, damn, this one's a doozy. I just moved to the Bay Area for a new job. I'm subletting an apartment in Oakland from a woman who is backpacking in Europe. I'm also cat sitting her lovely cat. Tonight, I got home from work to find a very troubling notice on the door from the property management company. It's a Three Day Notice to Perform Conditions And/Or Covenants or Quit which says my subletter is in violation of her lease by having a pet without permission from the landlord and that she has three days to remove the cat or quit her lease and vacate the apartment. You know, the apartment I'm supposed to be living in for the next 6 weeks!

Yes, of course I've called, texted and emailed my subletter, but given the time difference, I likely won't be hearing back until tomorrow. But, given the nature of her trip, she did tell me that there may be a day or two during which she would be largely out of pocket. If I'm not able to reach her, I'm going to have to take action on my own. One of us is going out on the streets and it sure as hell isn't me. (Don't worry, I'm not an *******, I'm not literally throwing a poor indoor cat out on the streets!)

So, best case scenario, my subletter contacts me tomorrow, gets in touch with property management/owner and gets some kind of misunderstanding sorted out.

Worst case scenario, I can't get in touch with the subletter and have to take action on my own. So, in that worst case scenario, any advice on what to do? Naturally, I'd first approach the property management co and ask them to wait until my subletter is back to resolve this issue. But, if they insist it has to be dealt with immediately, what are my options here? I just spent a small fortune making this move happen and won't have my first paycheck until March. I can't really afford to be hiring lawyers now unless they're dirt cheap. What would you do in this sticky situation?


Edited to add:

• Yes, I have a signed sub-lease agreement.
• Yes, the property management company/owner is aware that I was subletting the place

[artemis78]

Hopefully you will hear from her and she'll have a friend who can take the cat, but if not I would first politely ask the management company if they will delay till she returns. If they say no (and I can imagine maybe they are intentionally doing it while she's away, given that they know there's a signed sublease?) you might try calling Cat Town (Cat Town Oakland) or Hopalong (Home | Hopalong Animal RescueHopalong Animal Rescue). They're reputable local groups that run foster programs, and if you explain the situation, they might be able to place the cat in one of their foster homes until the owner gets back and can figure out a long-term solution. Good luck--what an awful situation to land in!

[Ruth4Truth]

Originally Posted by artemis78

Hopefully you will hear from her and she'll have a friend who can take the cat, but if not I would first politely ask the management company if they will delay till she returns. If they say no (and I can imagine maybe they are intentionally doing it while she's away, given that they know there's a signed sublease?) you might try calling Cat Town (Cat Town Oakland) or Hopalong (Home | Hopalong Animal RescueHopalong Animal Rescue). They're reputable local groups that run foster programs, and if you explain the situation, they might be able to place the cat in one of their foster homes until the owner gets back and can figure out a long-term solution. Good luck--what an awful situation to land in!

I agree w/finding a temp home for the cat. You may only need to do that until your subletter gets back in touch with you and you two hash it out. So it may be worthwhile to put the cat in a kennel, even if it costs something. (Your sublet person should reimburse you upon return, obviously.)
Just a thought.

[seain dublin]

Originally Posted by MisterCali

Well, damn, this one's a doozy. I just moved to the Bay Area for a new job. I'm subletting an apartment in Oakland from a woman who is backpacking in Europe. I'm also cat sitting her lovely cat. Tonight, I got home from work to find a very troubling notice on the door from the property management company. It's a Three Day Notice to Perform Conditions And/Or Covenants or Quit which says my subletter is in violation of her lease by having a pet without permission from the landlord and that she has three days to remove the cat or quit her lease and vacate the apartment. You know, the apartment I'm supposed to be living in for the next 6 weeks!

Yes, of course I've called, texted and emailed my subletter, but given the time difference, I likely won't be hearing back until tomorrow. But, given the nature of her trip, she did tell me that there may be a day or two during which she would be largely out of pocket. If I'm not able to reach her, I'm going to have to take action on my own. One of us is going out on the streets and it sure as hell isn't me. (Don't worry, I'm not an *******, I'm not literally throwing a poor indoor cat out on the streets!)

So, best case scenario, my subletter contacts me tomorrow, gets in touch with property management/owner and gets some kind of misunderstanding sorted out.

Worst case scenario, I can't get in touch with the subletter and have to take action on my own. So, in that worst case scenario, any advice on what to do? Naturally, I'd first approach the property management co and ask them to wait until my subletter is back to resolve this issue. But, if they insist it has to be dealt with immediately, what are my options here? I just spent a small fortune making this move happen and won't have my first paycheck until March. I can't really afford to be hiring lawyers now unless they're dirt cheap. What would you do in this sticky situation?


Edited to add:

• Yes, I have a signed sub-lease agreement.
• Yes, the property management company/owner is aware that I was subletting the place

Start looking for an apartment, even a roommate situation.

I don't get why someone would lease a place for 6 weeks anyway? Six months, OK, but with your situation you have taken on a new job, moved into her place knowing in a few weeks you have to move again.

Starting a new job while it can be exciting is also stressful. Why add to the stress with having to move again?

And actually it will be you who will be going out, not her.

Start looking for another place ASAP, if the cat can't go with you, as has been suggested put it in a kennel.

You would have had to move anyway.

[Ruth4Truth]

Originally Posted by seain dublin

Start looking for an apartment, even a roommate situation.

I don't get why someone would lease a place for 6 weeks anyway? Six months, OK, but with your situation you have taken on a new job, moved into her place knowing in a few weeks you have to move again.

Starting a new job while it can be exciting is also stressful. Why add to the stress with having to move again?

And actually it will be you who will be going out, not her.

Start looking for another place ASAP, if the cat can't go with you, as has been suggested put it in a kennel.

You would have had to move anyway.

Maybe as a sub-let, + cat-sitting, the rent was cheap, or free.

[MisterCali]

Originally Posted by seain dublin

Start looking for an apartment, even a roommate situation.

I don't get why someone would lease a place for 6 weeks anyway? Six months, OK, but with your situation you have taken on a new job, moved into her place knowing in a few weeks you have to move again.

Starting a new job while it can be exciting is also stressful. Why add to the stress with having to move again?

And actually it will be you who will be going out, not her.

Start looking for another place ASAP, if the cat can't go with you, as has been suggested put it in a kennel.

You would have had to move anyway.

That was kind of an odd response, but since you asked:

• I have six weeks left on the sublease.
• The complete sublease was for a full 10 weeks.
• The subletter's travel dates aligned perfectly with my new job's start date.
• The subletter is in a huge, beautiful, rent-controlled apartment, so the sublet rate was well below market rate (really lucked out there)
• I like cats, so I was cool with that aspect
• After a nearly 18 month employment drought following my third layoff since 2009, I had eaten up all of my savings, sold off virtually all of my worldly possessions (including basic furnishings) and was just fortunate enough to have supportive family members who kept a roof over my head after I'd burned through my savings and sold everything of value except my computer and clothing.
• After being the "silver medalist" on multiple interviews, I finally got a good job offer with growth potential, but a very modest signing bonus and relocation reimbursement and I took a leap and relocated from LA to the Bay Area.
• With all of the costs of relocating, I sought a sublet so that I could defer some of the bigger expenses one has when starting over from scratch. It's not just the big ticket items like your bed and furniture, it's the little things that add up too. Suddenly you need a new vacuum cleaner, iron, printer, pots & pans etc. Not to mention a new professional wardrobe when you'd sold off most of your work clothes to keep the lights on during your layoff.
  
  The one positive in that situation is that I was able to relocate with just three checked suitcases. No moving trucks. Nothing to ship out.
  
  So, yeah, forgive me for not following your sage ways, but it was the right move for me at this time. In fact, I may take on another 3-6 month sublease after this one before securing perm housing. And, I'm fine with that, so you can be fine with it, too.
  
  
  Anyway, thanks for the other responses, guys, appreciate it. I ended up speaking with the property management co and they've assured me that they will wait until she's back before dealing with the lease violation. So, the cat and I are both sheltered. At least for the next six weeks.

[kgbnsf]

A 3 day notice doesn't mean the landlord can kick you out in 3 days. It means they can start the proceedings, which take time- especially considering the main party is out of town.

Talk to the landlord, explain the situation, let them know the cat is well cared for, trained, you clean the litter box daily, declawed, etc and see if you can at least get a couple more weeks to work through this with the cat. Then, you have reduced the amount of time where you need to find a temporary home for the cat. The motivation of the owner may not be as urgent, compared to a non payment situation. So, they may be willing to compromise temporarily.

Hopefully, there isn't a clause on subletting and guests. Usually, there are 2 week limits on over-night guests. But, with Oakland's rent control- that may not be an issue. Regardless, it will take at least 6 weeks before they can evict anyway, so you should be fine.

[Hemlock140]

Find someone else reliable to take the cat temporarily and then notify the landlord that it's gone. If you just put the cat out, sell it or give it away, the sub-lessor could sue you. You have a (verbal?) agreement to take care of the cat, so if it cannot be in the apartment you have to find it a safe place, even if you have to pay to board it at a vet until she returns. If you keep it you can be evicted and neither you nor the sub-lessor will have a place to live, and you will still have to do something with the cat.

[Cozy&Mommy]

If I were you I would go immediately to the Oakland Tenants Union,

Oakland Tenants Union - Home

You might be able to buy some time by telling the manager you are just a lowly cat sitter and you are waiting to hear from the women who hired you. I would not get into the subletting details.

But I would avoid communication with them unless they let themselves in. Which they can legally do and they can legally change the locks so I would look for backup accommodations. Maybe looking for a cat sitter is a good idea.

https://www.yelp.com/biz/mark-the-cat-sitter-oakland

Good luck!

[Ruth4Truth]

The OP resolved the problem yesterday, per her update post. The mgr said s/he wasn't going to boot anyone out, not even the cat, until the principal tenant returned.