Legal Question in Landlord & Tenant Law in California

Hello,

My question is a little complicated and I wanted to know how I would proceed so that I do not lose my security deposit at my old place due to a technicality. Here is the story:

I moved into a house with four other people in June 2009. Three of us were on the lease, myself included, and we were the sublandlords to the other two (our landlord was OK with us subleasing). They signed contracts prior to moving in and when our tenants moved out in June 2010, I handled the returning of their security deposits. Two new people replaced them.

Our one year lease expired in June 2010 and our landlord agreed that our lease could continue on a month-to-month basis. I informed him that I would be moving out by October 1st but that my other roommates would be staying. He told me that all I have to do is send him a statement saying that starting October 1st, (name) will be taking over my spot on the lease at (property address). It was completed.

What I want to know is that after I sent this statement, who is responsible for returning my security deposit? I feel like my soon-to-be ex-roommates are going to try and screw me over on my security deposit. They have already found someone to replace me and are getting that person to pay the same security deposit as I did. Since they are now going to sublease my room to this new person, are they responsible for returning the security deposit to me, or is my landlord responsible? Is there a way that I could write up some contract downgrading my status to tenant of the sublandlords so that if they do try to charge me for unreasonable things I can take them to court? I'm not sure if this makes sense but I tried to explain it as best as I could. I am quite familiar with the laws for returning security deposits and have taken two past landlords to court and won but I am not sure how to go about this one. Any help would be greatly appreciated, thanks!


Asked on 9/28/10, 3:44 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Unless the landlord wrote the lease as separate lease agreements for each of the roommates, then the security deposit, or any portion thereof, does not have to be returned until the entire apartment is vacated. Clearly, that won't be happening when you leave. You also need to be aware that without a written release from the landlord, you may still be responsible for the lease until they all vacate. Your unilateral statement to the landlord that you are moving out is not legally binding on the landlord. If you give it to him in the form of a 30 day notice that you are vacating, that will be beneficial, but still doesn't necessarily get you off the hook because the lease is not severable.

Your roommates should probably repay you the security deposit, and you need an agreement in writing that states so. It should also cover the fact that your roommates who remain in possession of the property will indemnify you and hold you harmless if in the future they default on rent. The best way to handle this is to get a written release from the landlord, but he is under no obligation to give it to you solely because you decided to move out. The lease is generally considered to be an "all or nothing" proposition, unless it actually contains language which allows you to unilaterally sever your obligation from your roommates.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 10/11/10, 1:37 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California