Legal Question in Landlord & Tenant Law in California

Hello,

My roommates and I recently found out that the place we are currently residing at was illegally sublet to us and the original landlord found out (Master lease specifically stated that he is not allowed to sublease). The original landlord served the master tenant a termination to quit notice for 60 days. We ended up finding out that the master tenant was making a profit off of us. He would charge us a certain amount for rent when he himself was only writing the landowner off a lot less per month.

Are we entitled to that money back? The Master tenant claims that charging the amount we agreed on in his "lease" with us is well below the market value for the place however, eveything that I found online states that we are entitled to our money back.

Also is the lease we signed with the master tenant voided becuase he breached his original contract?

What rights do we, as subtenants, have in this case?


Asked on 7/01/14, 4:59 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You are deemed to be aware of the provision in the master lease prohibiting subleasing, whether you read it or not. You are not entitled to any rent you paid to the master tenant. The lesson learned here is that you need to ask for the master lease before you sublease from a master tenant.

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Answered on 7/03/14, 7:57 am


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