Caught my tenant running an Airbnb out of my rental property - what are my eviction options in California?

I own a 2BR condo in San Jose that I rent out for $3,200/month. The lease explicitly prohibits subletting and short-term rentals. My neighbor in the building texted me saying there have been "different people coming and going every few days" for months.

I checked Airbnb and sure enough - my tenant has my condo listed at $189/night. The listing has been active since March and has 23 reviews. He's been making probably $4,000-5,000/month off my property while paying me $3,200.

The lease clearly says "No subletting or assignment without written consent" and "Property shall be used for residential purposes only, not for commercial use including short-term rentals."

What are my options here? Can I evict him? Can I sue for the profits he made?

California landlord-tenant attorney here. Let me break this down:

Eviction: Unauthorized subletting is a lease violation, but in California it's typically considered "curable." Under California Civil Code Section 1946.2 and the Tenant Protection Act, you generally must first give a written notice to cure (typically 3 days for lease violations). If the tenant cures the violation by stopping the Airbnb activity, you may not be able to evict for this specific incident.

However, if he fails to cure within the notice period, or if he resumes the activity later, you have stronger grounds for an unlawful detainer action.

Profits: You may have a claim for unjust enrichment or breach of contract for the profits he made. This would be a separate civil action from any eviction. I recommend sending a formal breach of lease demand letter documenting the violation.

Screenshot EVERYTHING now before he takes down the listing. Get:

• The full Airbnb listing page with photos
• All 23 reviews (showing dates of stays)
• His host profile
• The nightly rate and any pricing history you can find

Also check if San Jose requires short-term rental registration/permits. Many Bay Area cities do, and operating without one is a code violation. You can report this to the city as well - sometimes municipal pressure helps.

Good call on screenshots - just grabbed everything. San Jose does require STR registration and he definitely doesn't have one (I checked the city's database).

@CA_LandlordAttorney - So if I send a 3-day notice to cure and he takes down the Airbnb listing, I'm stuck with him as a tenant? That seems unfair given he's been doing this for 4+ months and made thousands in profit.

Just want to offer a different perspective here. Yes, the tenant violated the lease. But California has strong tenant protections for good reason. Make sure you follow proper procedures exactly or the eviction could get thrown out entirely.

Many landlords lose eviction cases on technicalities - wrong notice form, wrong number of days, improper service. If you're going to pursue eviction, do it by the book or hire a lawyer to handle it.

@bayarea_landlord_2020 - A few additional options:

1. Non-renewal: If the lease has a fixed term ending soon, you can simply not renew it. Under San Jose's rent control ordinance (the Apartment Rent Ordinance), you need "just cause" for eviction but not necessarily for non-renewal at end of lease term - though this is complex and depends on how long the tenant has been there.

2. Material breach argument: You could argue this was a material, ongoing breach that caused substantial harm (security issues with strangers in building, potential HOA violations, insurance implications). Some courts have found repeated/ongoing unauthorized subletting to be non-curable.

3. Disgorgement of profits: Separately from eviction, sue him in small claims (up to $12,500) or civil court for the profits he made. 4 months x $1,500-2,000 profit = $6,000-8,000 potentially recoverable.

Check your condo's CC&Rs! Most HOAs in the Bay Area now explicitly prohibit short-term rentals. If your HOA has this rule, he's also violating that, and the HOA can fine YOU as the owner. You could then recover those fines from your tenant.

Also - your landlord insurance probably doesn't cover short-term rental activity. If a guest got hurt, you could have been on the hook personally. This is serious liability exposure he created for you.

Just checked the CC&Rs - short-term rentals under 30 days are explicitly prohibited. And you're right about insurance - I called my insurer and they confirmed my policy wouldn't cover any incidents involving short-term rental guests.

The more I dig into this, the worse it gets. This guy has been exposing me to serious liability while profiting off my property.

I think I'm going to consult with an attorney to do this properly. The stakes seem too high to mess up on a technicality.

Smart move consulting an attorney. I'll add one more consideration: some leases have provisions allowing landlords to recover attorney fees for enforcement actions resulting from tenant breach. Check your lease for an attorney fees clause.

Also, the insurance angle is compelling. His actions potentially voided your coverage, which could be framed as creating a material risk that makes continued tenancy unreasonable. This strengthens the "non-curable" argument.

Had a similar situation in Oakland last year. My tenant was running an Airbnb out of my duplex. Here's how it played out:

I served a 3-day notice to cure. He took down the listing but I found out from neighbors he was still doing it off-platform (Craigslist, etc). Served another notice, this time for repeated violation. Went to court, showed the pattern of behavior, and the judge ruled in my favor.

Total time from first notice to him actually being out: about 4 months. California evictions are slow but doable if you have good documentation.

Good discussion. A reminder that California landlord-tenant law is very jurisdiction-specific. San Jose, Oakland, SF, etc. all have different local ordinances on top of state law. What works in one city may not work in another.

OP, please update us on how this develops. These real-world outcomes are valuable for others.

Lurking tenant here with a question. What about the flip side - I asked my landlord if I could sublet my room for 2 months while I did a work assignment in Seattle. He said no without any reason. My lease doesnt say anything about subletting being prohibited.

Isn't there some CA law that says landlords can't just refuse for no reason?

@MikeK_SFRenter - Yes, you're thinking of California Civil Code Section 1995.260. It states that if your lease requires landlord consent to sublet but doesn't specify standards, then "a landlord's consent... shall not be unreasonably withheld."

However, there are important caveats:

• If lease explicitly prohibits all subletting (not just "requires consent"), this may not apply
• "Reasonable" grounds to deny include: proposed subtenant's poor credit, criminal history, inability to pay rent, too many occupants
• Landlord can charge reasonable screening costs

If you believe consent was unreasonably withheld, get that denial in writing and consult a tenant's rights attorney.

Adding my experience from the tenant side. I needed to sublet for 3 months last year (family emergency out of state). Asked my landlord, provided info on potential subletter, and he denied it saying he "doesn't allow sublets."

I pushed back citing CC 1995.260 and asked for his specific objection to the proposed subletter. He couldn't provide one. I told him I was proceeding with the sublet and would see him in court if he tried to evict me.

He backed down. Sublet went fine, I came back, everything was normal after. Sometimes you just need to know your rights.

@LA_Renter_2024 - Thats a risky move. CC 1995.260 specifically says the tenant has the burden of proving consent was unreasonably withheld. If you proceed without consent and the landlord can articulate any reasonable objection, you're in breach.

Glad it worked out for you but I wouldnt recommend that approach to others. Better to get legal advice first or negotiate.

Quick update: Met with attorney last week. We're going with a multi-pronged approach:

1. 3-day notice to cure for unauthorized subletting
2. Formal letter about HOA violation and insurance voiding
3. Demand for disgorgement of profits (estimated $8,500 based on review dates)

Attorney thinks the combination of multiple violations and the insurance/liability angle gives us leverage even if he "cures" by taking down the listing. Will keep you all posted.

Following this thread closely. I'm in a similar situation - tenant in my Fremont SFH has been doing Airbnb for who knows how long. Just found out when a guest left a negative review complaining about "the owner's rules" lol.

Question for the attorneys: does it matter if my lease doesn't specifically mention "short-term rentals" but does say no subletting? Can tenant argue Airbnb isn't technically subletting?

@JennyT_Landlord - Courts have generally held that short-term rentals like Airbnb ARE a form of subletting, even without explicit lease language. The tenant is granting temporary possession rights to third parties in exchange for payment - that's the essence of subletting.

Additionally, many leases include language about "residential use only" or "no commercial activity" which Airbnb clearly violates. You may also want to check out our lease violation notice templates for ideas on how to document this properly.

Not a lawyer but had a slightly different situation. My tenant asked permission to do Airbnb, I said no, she did it anyway. Served the 3-day, she "cured" by taking it down. Two months later neighbor tells me its back up under a different account name.

Second violation = 3 day notice to quit (no cure opportunity for repeat violation). Filed UD, got judgement, she was out in 3 months total. Cost me about $4k in legal fees but worth it to get rid of someone who clearly didn't respect the lease.

Update on my situation - followed up with my landlord in writing asking for specific reasons for denying my sublet request. He responded saying he "doesn't know" the proposed subletter and "can't verify their employment."

I offered to have subletter submit an application with all the same docs I provided. Landlord agreed to review. Subletter passed screening and now I have written approval! Sometimes just asking the right questions works.

@MikeK_SFRenter - That's actually the proper way this should work. As landlords we're not trying to be difficult, we just need to know who's living in our property. Credit check, background check, income verification - same as any tenant.

The problem is when tenants skip that process entirely (like OP's situation with Airbnb - different strangers every few days, no screening at all).

I want to clarify something for tenants reading this thread. The OP's situation (running a for-profit Airbnb business) is very different from:

• Having a friend stay while you travel
• Temporary sublet for work relocation
• Adding a roommate to help with rent

The first is clearly commercial activity. The others may be protected under CC 1995.260 if your landlord unreasonably denies consent. Don't let landlords use "no subletting" clauses to trap you in impossible situations.

Pro tip for landlords: add specific Airbnb/VRBO/short-term rental prohibition language to your lease. Something like:

"Tenant shall not list, advertise, or offer the premises on any short-term rental platform including but not limited to Airbnb, VRBO, HomeAway, or similar services. Violation of this provision shall be considered a material non-curable breach."

Courts generally enforce clear lease terms. The more specific you are, the stronger your position.

@GregH_Investor - Good advice but be careful with "non-curable breach" language. California courts can still find that a violation is curable regardless of lease language, especially under the Tenant Protection Act. The law generally supersedes contrary lease terms.

That said, explicit prohibitions do strengthen your case and make tenant's intent harder to deny. Just don't rely solely on lease language - still follow proper notice procedures.

Another update: Tenant received our notices and his response was... interesting. He's claiming he "didn't know" Airbnb counted as subletting and thought it was just "sharing" the space. Also says he'll take down the listing and wants to "work this out."

His attorney (yes he lawyered up) is asking if we'd accept him curing the violation plus paying $3,000 in "damages." We estimated his profits at $8,500+ so this feels low.

Attorney is advising we counter with higher demand + agreeing not to pursue eviction if he pays and terminates lease early. Thoughts?

Take the negotiated exit!! I wish my tenant had offered to settle. Eviction cost me more in legal fees and lost rent than I would have saved.

Counter at $6,000 and lease termination within 60 days. You'll be ahead compared to the time/money of fighting it out.

Agree with @SimilarDrama. A bird in hand. Plus you avoid the risk of a sympathetic judge deciding the violation was cured and you're stuck with him anyway.

Get everything in writing, have attorneys draft a proper settlement agreement with release of claims on both sides.

Following this thread as a renter who genuinley didnt know the rules. Quick question - is letting someone crash on your couch through Couchsurfing (not for money) considered subletting? My lease says no subletting but I sometimes host travelers for free.

@NeverKnew_Renter - Generally no. Subletting typically requires (1) transfer of possession rights and (2) compensation. Occasional houseguests - even through Couchsurfing - usually don't meet either criteria.

However, if you have guests so frequently that they're effectively residing there, or if your lease has language about "guests staying more than X days," that could be a different issue. Read your lease carefully.

Wanted to share my small claims experience for the disgorgement angle people are discussing.

I sued my former tenant for Airbnb profits after she moved out (didn't want to deal with eviction so waited). Had screenshots of her listing showing 47 reviews over 8 months, calculated profits at ~$12,000.

Judge awarded me $8,500 - basically accepted my calculation minus her "reasonable expenses" (cleaning, supplies, etc). She's making monthly payments now per court order. So yes, you CAN recover these profits.

Tenant perspective here. I actually DID ask my landlord for permission to Airbnb my place while I was traveling for 3 weeks. She said no. I respected that even though I thought it was unreasonable (place would have been empty anyway).

Reading this thread, glad I didn't just do it anyway. Not worth the legal headache, even if I might have had a CC 1995.260 argument.

@KatieT_Berkeley - For what it's worth, short-term Airbnb while traveling is very different legally than a traditional sublet. CC 1995.260 protects tenants who want to sublet to a specific person who will live there - not running a revolving door of strangers.

The law contemplates that you might need to relocate for work or family for a period. It doesn't contemplate running a side business from your rental.

Settlement reached! Tenant agreed to:

• Pay $5,000 (compromise from his $3k offer and our $8.5k demand)
• Vacate by October 31
• No negative reviews/statements about me online
• Return unit in good condition

In exchange I agreed not to pursue eviction, not report to city for STR violation, and provide neutral reference.

Not everything I wanted but I'm getting him out in 6 weeks without a court battle. Already have a new tenant lined up for November at $3,400/mo. Thanks everyone for the advice!

Great outcome OP! That's actually a solid result. You're getting:

• $5,000 cash
• Quick exit (no 4-6 month eviction process)
• No legal fees beyond initial consultation
• Higher rent from new tenant (+$200/mo = $2,400/year)

Way better than the alternative of a prolonged fight where you might have won on paper but lost in time and money.

Thanks for the detailed updates throughout @bayarea_landlord_2020. This thread is a great case study in how these situations can be resolved. Marking this as a featured discussion for the sub.

New to the thread but similar situation in Pasadena. My tenant's been doing Airbnb for at least 6 months based on reviews. Following OP's playbook - already got screenshots and checked city ordinances (Pasadena requires STR license which she doesn't have).

Question: should I report to the city first or send the 3-day notice first? Wondering if city pressure helps negotiations.

@ApartmentSam - I'd send the notice first. City reporting can be helpful leverage but it's a bit of a wildcard - you can't control timing or outcome. Your 3-day notice gives you a clear timeline and puts the ball in tenant's court.

If tenant is uncooperative after notice, THEN you can mention you're also considering reporting to the city. Keep it in your back pocket.

Also consider sending a formal cease and desist letter documenting the violation before or alongside the 3-day notice.

Update on my Fremont situation from earlier. Served 3-day notice, tenant immediately took down listing and is "cooperating." But I don't trust her - gonna keep monitoring.

One thing that helped: I set up a Google Alert for my address. If she relists on any platform, I'll know.

Reading this from the tenant side and have a question. My landlord is accusing me of subletting but I'm NOT doing Airbnb. My boyfriend stays over 4-5 nights a week. He has his own apartment but we alternate. Now landlord is saying this violates the "no subletting" clause.

This can't be right, can it? He's not paying me anything and he's not even living here full time.

@MariaCruz_Tenant - Your landlord is likely wrong. A boyfriend staying over regularly is generally considered a "guest," not a subtenant. Key factors courts look at:

• Does the person pay rent? (No)
• Do they receive mail there? (Presumably no)
• Is it their primary residence? (No - he has his own place)
• Did they sign the lease? (No)

Check your lease for any "guest policy" language (e.g., "guests may not stay more than X consecutive days"). If no such language exists, you're probably fine. Respond in writing disputing the characterization.

@MariaCruz_Tenant - Adding to what RealEstateLawyer said: some landlords try to use "subletting" accusations as a pretext when they really just want to raise rent or get a tenant out. Don't be intimidated.

If your landlord persists, ask them to specify exactly what lease provision you're violating and how. Get it in writing. If they can't articulate a real violation, they're bluffing.

Want to share a success story from the landlord side. Had a tenant doing Airbnb, served proper notices, tenant refused to stop. Went through full eviction process.

Key things that helped me win:

• Detailed documentation (screenshots with dates)
• Witness statement from neighbor
• Proof she continued AFTER first notice (second listing under different name)
• Evidence of HOA fines I had to pay

Judge awarded possession + $3,200 in damages. Total time: 5 months. Not quick but definitely doable.

Update on my Pasadena situation: Sent the 3-day notice. Tenant's response was to immediately take down the Airbnb listing AND send me a check for $2,000 "for any inconvenience" with a letter apologizing.

I'm tempted to accept and move on. She's otherwise been a good tenant (3 years, always pays on time). Thoughts on giving a second chance vs pushing for her to leave?

@ApartmentSam - That's actually a really good outcome. A tenant who immediately complies, apologizes, AND offers compensation is showing they value the tenancy.

If she's been good for 3 years, I'd accept the $2k, have her sign an acknowledgment that any future STR activity is grounds for immediate termination, and move on. Good tenants are hard to find - turnover is expensive.

Disagree with PropertyMgmtPro. She was doing this for 6+ months according to Sam. That's not a mistake, that's a deliberate choice to violate the lease and profit from it. The only reason shes sorry is because she got caught.

I'd take the $2k AND push for lease termination. You cant trust someone who was willing to deceive you for that long.

Both perspectives have merit. @ApartmentSam, if you do accept and keep the tenant, I strongly recommend:

1. Get her written acknowledgment of the violation
2. Add a specific lease addendum re: STR prohibition
3. Include language that future violations are "material and non-curable"
4. Have her waive any CC 1995.260 arguments for STR specifically

This creates a clear paper trail if she does it again. Many landlords find that once trust is broken, the relationship deteriorates anyway - but that's a personal judgment call.

Update: Wrote back to my landlord explaining that my boyfriend staying over is not subletting and cited the factors RealEstateLawyer mentioned. Havent heard back in 2 weeks so I think they dropped it.

Thanks for the advice everyone. Was really stressed about this.

Wanted to circle back on my situation from earlier in the thread. The sublet I did (with permission after pushing back on landlord) went perfectly. Subletter was great, paid on time, no issues. Im back in my apartment now.

Moral of the story: know your rights but also work WITH your landlord when possible. Getting it approved in writing was way better than the stress of doing it without permission would have been.

Question for the group - does anyone know if there's a difference between "subletting" and "assignment" when it comes to these rules? My lease mentions both but treats them differently.

@JWest_LB - Good question, there is a legal difference:

Subletting: You remain on the lease and responsible for rent. You grant temporary possession to someone else but retain some interest (usually the right to return).

Assignment: You transfer your entire lease interest to someone else. They become directly responsible to the landlord; you're typically released from obligations.

Airbnb would be subletting (or arguably just licensing). If you're permanently leaving and want someone to take over your lease entirely, that's assignment. CC 1995.260 applies to both but landlords often treat them differently.

Final update from me: Decided to keep the tenant. Accepted the $2k, had her sign the addendum CA_LandlordAttorney suggested, and we're moving forward.

Set up monitoring so I'll know if she relists. So far so good. Thanks everyone for helping me think through this!

Bad news update from my Fremont situation. Caught my tenant doing it AGAIN - different platform this time (Furnished Finder). The Google Alert worked!

This time serving 3-day notice to quit for repeated violation. No more chances. Attorney says we have a strong case given documented pattern.

Just found this thread while researching. Tenant here in a tough spot - I got a new job 2 hours away and my lease has 8 months left. Landlord refused my sublet request without giving any reason.

Based on this thread, sounds like I should push back and cite CC 1995.260? Do I need to propose a specific subletter first or can I just ask generally?

@TomM_Renter - You need to propose a specific subletter with their information (employment, credit, references) so the landlord has something concrete to evaluate. A blanket request can be denied because there's nothing to consent TO.

Find someone, have them complete a rental application, submit it to your landlord. If landlord denies without articulating specific reasonable concerns about THAT person, then you have a CC 1995.260 argument.

Also look into whether your landlord would allow lease termination with a buyout - sometimes paying 1-2 months rent to exit early is easier than subletting.

@TomM_Renter - TenantRights_advocate is correct. The CC 1995.260 right to have consent "not unreasonably withheld" only kicks in when you've proposed a specific subletter. The landlord needs to be able to evaluate the actual person.

Process should be:

1. Find proposed subletter
2. Have them complete full application (same docs as original tenant)
3. Submit to landlord with cover letter formally requesting consent
4. If denied, get denial IN WRITING with reasons
5. Evaluate if reasons are "reasonable" (credit, income, references, criminal)
6. If unreasonable denial, consult attorney re: options

Document everything. Good luck with the new job!

Found this thread while dealing with my own situaton. Question about the disgorgement of profits angle - can you go after the tenant even after they've moved out?

My former tenant was doing airbnb for almost a year before moving out naturally at lease end. I just found out from the new tenant who recognized the photos from when he was looking for places. Estimating $15k+ in profit she made.

@KevinP_SJ - Yes! That's exactly what I did (mentioned earlier in thread). Breach of contract claims have a 4-year statute of limitations in California. You can sue in small claims for up to $12,500 or regular civil court for more.

Gather your evidence: screenshots, reviews with dates, calculate estimated profit. You may want to check out a demand letter for money owed to send before filing - sometimes they'll settle to avoid court.

Final update on my Fremont situation: Went to court for the UD. Tenant tried to argue she was just doing "medium-term" rentals (30+ days) which she claimed wasn't subletting. Judge didn't buy it - still unauthorized transfer of possession.

Got judgement in my favor. She has until end of month to vacate. Total process from first discovery to judgement: about 6 months. Expensive but necessary - some people just won't follow the rules.

Update from me: Found a great subletter (coworker's cousin), submitted full application to landlord. He approved! Turns out his initial "no" was just knee-jerk reaction - once he saw a qualified person he was fine with it.

Lesson learned: Don't give up at the first "no." Come back with a specific proposal and documentation. Thanks everyone!

Coming back to say thanks again to everyone who helped with advice on this thread. New tenant has been in place for 3 months now, no issues, paying $3,400/mo on time.

Total outcome: Got $5k settlement, avoided eviction costs, increased rent by $200/mo. Would definitely recommend the negotiated exit approach to others in similar situations.

For anyone finding this thread later: document everything, know the law, but also know when to negotiate. Not every battle needs to go to court.

Wonderful to see such a thorough resolution and follow-up. This thread has been incredibly valuable for our community - we've seen perspectives from landlords, tenants, attorneys, and property managers.

Key takeaways for anyone reading:

• Landlords: Document violations, follow proper notice procedures, consider negotiated exits
• Tenants: Know CC 1995.260, always request permission in writing, propose specific subletters
• Everyone: Short-term rentals (Airbnb) are different from traditional subletting - usually not protected

Thread will remain pinned as a resource. Thanks to all participants!

Final Update - Thread Officially Resolved!

Wanted to formally close out this thread with a final summary now that some time has passed and everything is settled.

Summary of Resolution:

• Settlement reached: $5,000 payment from tenant plus voluntary vacate by October 31, 2023
• New tenant in place since November 2023 at $3,400/month (up from $3,200)
• No eviction filing was necessary - negotiated exit saved significant time and legal fees
• Total timeline from discovery to resolution: approximately 3 months
• New tenant has been excellent - pays on time, no issues whatsoever

What worked: Immediately screenshotting all Airbnb listing evidence (23 reviews with dates), checking San Jose's STR database to confirm no permit, consulting an attorney early, sending a multi-pronged approach (3-day notice + HOA violation notice + demand for profits), and being willing to negotiate rather than insisting on full court battle.

Big thanks to @CA_LandlordAttorney, @PropertyMgmtPro, @HOA_Manager_SJ, @RealEstateLawyer_Oak, @SimilarDrama, and everyone else who shared advice and experiences. This thread helped me understand my options and make smart decisions.

Key lessons for other landlords:

1. Screenshot everything immediately - listings can disappear fast once tenant realizes they're caught
2. Check local STR ordinances and HOA CC&Rs for additional leverage
3. Understand that unauthorized subletting is usually "curable" in California - plan accordingly
4. Consider negotiated exits - eviction is expensive and time-consuming
5. Disgorgement of profits IS possible via small claims or civil court
6. Add explicit Airbnb/STR prohibition language to future leases

For tenants reading this: Traditional subletting (temporary, one person, with permission) is protected under CC 1995.260 if landlord unreasonably refuses. But running an Airbnb business is completely different - that's commercial activity that violates most leases and is not protected.

Marking this thread as RESOLVED. Good luck to everyone dealing with similar situations!