Hoarding Sub-Tenant! Need some tenant rights advice!

[acowan1141]

Originally Posted by beb0p

If rent isn't due until July 15, why did you guys serve her a 3-day notice to pay rent or quit on July 6? Did you guys serve her another 3-day notice when she failed to pay on the day it was due?

But anyway, looks like things are moving along for you guys.
.

The rent is due July 15th to the owner of the house. In our signed agreement, between my uncle (the master tenant) and her (the subtenant) her portion of the rent is due the 1st of every month.

[acowan1141]

Quick update:
My uncle went down to the courts on July 19th and filed the unlawful detainer (paid a fee of $240).
He then received a copy of what I believe was also mailed to her, regarding responding to the unlawful detainer.
The paper says this person is suing you and you have X amount of days to respond or you may lose your case.

Well according to my uncle, she has not been back to the house since Tuesday. So I am wondering what's going to be the next step if she does not answer the unlawful detainer. I can't seem to find anything online about what if they don't answer it.

[tikkasf]

http://evictiondefense.org/wp-conten...ulDetainer.gif


perhaps the tenant is looking for another place to live (best outcome for all)
perhaps the tenant sought free legal help to file a response/answer
perhaps the tenant mentally does not have it together to do much of anything for herself

[acowan1141]

Originally Posted by tikkasf

http://evictiondefense.org/wp-conten...ulDetainer.gif


perhaps the tenant is looking for another place to live (best outcome for all)
perhaps the tenant sought free legal help to file a response/answer
perhaps the tenant mentally does not have it together to do much of anything for herself

The letter she has to answer is with her mail that she has yet to look at.
So I don't think she sought legal counsel if she hasn't seen the letter.
She has not been home since my uncle has filed on Tuesday

[tikkasf]

I assume all her personal belonging are still there....
She is going to run out of time to file answer. I believe if the 5 day period to file a answer, ends on a weekend or holiday, she would then have to the next business day to file a answer.

[tikkasf]

Found this:


"Once the Sheriff has received the court order, he will come and post a Notice to Vacate on your door. The notice gives you five days to leave. If you can’t leave within the five days, you can go back to court and request a “Stay of Execution.” You will need to pay one week’s rent to the court and this will delay the eviction for another week. It may be possible to get more than one Stay of Execution. After the Notice to Vacate or Stay of Execution has expired, the Sheriff will remove you."


https://www.sftu.org/eviction/

[tikkasf]

This might be beneficial regarding a future tenant they may want to rent a room to;


https://www.sftu.org/eviction-protec...s-for-tenants/

[WildcatTofu]

Originally Posted by BicoastalAnn

I don't know what recourse you have legally but I would tell your family to be very careful - especially if they are getting a good deal with rent control. I was an illegal sublet once along with some roommates (I didn't know we were illegal). After I moved out, I found out that the real landlord discovered this arrangement. Long story short... He got pissed off and evicted his tenant, which in turn evicted the roommates. The biggest issue in this arrangement though was my "landlord" was making a profit off subletting the apt to us so if your family isn't making a profit maybe this won't happen to you.

If you want, you can reclaim some of the rent you paid to your "landlord". According to law, you only have to pay the fair share of rent. If your "landlord" is making a profit, that is illegal and subject to a legal case.