Illustrative scenario: Caught Tenant Running Airbnb Without Permission

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

I publish illustrative scenarios prepared by my practice. All participants and conversations are fictional. The fictional posts are not posts by real users, accounts of client experiences, or reports of actual results.

Illustrative scenario prepared by my practice.

TL;DR - California Subletting Law Summary

For Landlords

Unauthorized subletting is typically a curable violation - serve 3-day notice to cure first
Document everything: screenshots, reviews, dates, neighbor statements
Check HOA CC&Rs, city STR ordinances, and insurance implications
Can pursue disgorgement of profits via separate civil action
Repeated violations after cure may become non-curable grounds for eviction
Consider negotiated buyout - often faster/cheaper than eviction

For Tenants

Per CC 1995.260, landlords cannot unreasonably withhold consent to sublet
Always request permission in writing before subletting
Short-term rentals (Airbnb) are different from traditional subletting - usually prohibited
You have the right to cure most subletting violations if given proper notice
Many cities have local STR registration requirements
If denied unreasonably, document landlord's refusal and reasons

Key Statute: California Civil Code Section 1995.260 - A landlord's consent to sublease "shall not be unreasonably withheld." However, short-term rentals/Airbnb are typically not protected by this provision when lease explicitly prohibits commercial use.

For informational purposes only. California landlord-tenant law is complex and varies by locality. Consult a licensed attorney.

Hypothetical question

On mobile so apologies for formatting. 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?

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

For Landlords

For Tenants

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