Legal Question in Landlord & Tenant Law in California

I live with My mom at her place that she's renting from the owner, the rent is not split according to her I have to pay more. So this month I gave her my part of the rent and the owner ended up not collecting this months rent. Yesterday I asked for my part of the rent back from my mom and she says that, once I give my part of the rent to her its hers for good there's no getting it back even since the owner didn't collect it, she also end up using my part of the rent on other things instead of paying it back to me. Shouldn't I have gotten My money back? Or was my mom right ?


Asked on 4/17/14, 8:18 am

1 Answer from Attorneys

Nicholas Spirtos Law Offices of Nicholas B. Spirtos

If you are living as a subtenant with your mother, then you are required to pay rent according to whatever terms you agreed to with her.

She is obligated to carry out the terms of her agreement with her landlord. If her landlord decides to give her free rent for a month, a year or forever, that will not change your agreement with your mother. She does not legally have to give you back the rent money.

Whether she is legally in the right or not, that does not sound like very motherly behavior.

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Answered on 4/17/14, 10:13 am


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