Legal Question in Landlord & Tenant Law in California
I recently entered into an illegal sublease with a tenant. I was told on the first day that I would be put on the lease. After 2 months of waiting I contacted the office about the lease and found out that I was entered into an illegal sublease. Upon hearing this fact I told my roommate that I have to move out because not only did he lie to me before moving in but also that I was in an illegal sublease agreement. He then went on to tell me that I could not receive my deposit stating that I did not give him enough notice to move out and that I have to forfeit my deposit. What can be done in this situation?
1 Answer from Attorneys
Go to the small claims advisor at the small claims court to understand how to sue your "landlord" for your security deposit. There is a concept at law that the law will not enforce an illegal contract, however, it is your roommate, not you, who violated his lease with the landlord. However, I would argue in small claims court that your roommate cannot give you a right that he does not have to give, thus I would argue that the sublease was both illegal, and that you entered into the sublease upon his false representations that your roommate was authorized to sublease to you. The small claims advisor can help you with your claim for such an action if your roommate fails to return your security deposit within 21 days
That being said, in the future, ask to see the lease between your roommate and his landlord to determine if roommates are allowed prior to paying a security deposit.
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