Legal Question in Landlord & Tenant Law in California
Me and my current roommate signed a contract to sublease from someone for the amount of 540 a month. We recently found out that due to our lack of financial aid we will not be able to live there and will be commuting from home instead. The sublessor is threatening to take us to small claims court for the first months rent. However
a)we don't intend on living there, why do we have to pay rent?
b)the 'contract' that she made us sign was
-not signed in the apartment office with any staff person present
-I called the management and they told me that it is a breach of her contract to sublease to anyone under any circumstances.
What should we do? We don't want to make any profit we just want to avoid having to pay for something that we are not going to use.
1 Answer from Attorneys
The sublessor should lose in small cliams. She cannot enforce a sublease that is illegal under the master lease.
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