Legal Question in Landlord & Tenant Law in California

Re: Illegal sublet rights?

I am on your side, and believe the law is, also, on some points, but not on others.

The basic law of contracts (a lease is a contract) is that something in writing cannot be changed by an oral agreement. You had a valid contract to sublet, and if the landlord/owner/manager wants to change it is the original tenant's problem for the "illegal" lease, not yours.

However, you would still be obligated to live up to the 30 day notice which was agreed.

You are entitled to your deposit returned within 21 days, except for unpaid rent, damages caused by you, and if you did not leave the premises as clean as when you moved in, you are responsible for cleaning.

Since you are apparently going to face a situation where you are probably going to end up in Small Claims Court, I would retain an attorney to write a letter to the tenant demanding your rights to the refund of the deposit, as well as threatening action if it isn't paid promptly.

Good luck!

Re: Illegal sublet rights?

Mr. Bennet is entirely correct in his answer to you. You may be able to argue, moreover, that the tenant basically evicted you by saying that you could not sublease but he would try to get that changed and then in a reasonable time did not tell you there was any change in the landlord's policy. So there was what is called a "constructive eviction", in that as a practical matter you were unable to return to the premises for a tenant's right to quiet enjoyment of the premises.

Call the tenant and tell him that your offer to pay to the end of the month was a compromise offer [it amounts to your paying over 30 days rent since the constructive eviction, which is 30+ days more then you are legally required to pay]; if he does not accept within three calendar days and also return your deposits, the deal is off and you want the deposits and any rent you paid for the day of the eviction and afterwards.