How do I enforce missed late payments from a tenant in a sublet with no written contract?

Question: Me and 2 other roommates have been living in this rental home for the past 2 years. One of the roommates is studying abroad and sublet his room to someone he knows without signing a sublet lease agreement. This roommate has refused to pay the rent he had agreed as a sublet, and won’t leave either. What are sublet laws in California?

Response: What steps should I take to force a subleasee to pay rent when there is no written sublease agreement?

In most states, individuals may lease property through either a written or oral agreement.  This is also the situation when subletting a room of your rental.  If your roommate sublet his room, the agreement should be valid even without a written contract.  So if the individual is not paying rent, he can be evicted. 

Further, even though one subleases property he remains responsible for the property, including the rent.  This means your roommate is probably still responsible for the rent even though he is not present.  Thus, if you are unable to recover back rent from the subleasee, you should be able to recover it from your roommate. 

Additional Resource: Overview of Rental Laws 

Answered by Jeff Rickman

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