Legal Question in Landlord & Tenant Law in California

I recently moved out of an apartment I leased with another girl. She stayed. On my lease I checked a box that stated once my lease was up, I had no obligations to the apartment unless I notified the landlord I was staying. There was also nowhere on the lease that stated there were no subletters allowed. A new tenant moved into my room and never paid a deposit or signed a lease. My landlord is now telling me I have no right to my deposit because I am still on the lease. Do I have any legal rights in this?


Asked on 3/03/10, 1:41 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You are liable for the rent until the lease expires. That your roommate may have had no objection to your leaving has nothing to do with the landlord and your agreement with him. Until your lease is up, you do not have a right to get back any of the security deposit [and the landlord has 21 days to return it after that date]. You may have a claim against your roommate but your landlord is acting legally and reasonably. What if your roomamte does not pay rent or damages the place; he wants to be covered by the full amount of the deposit.

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Answered on 3/12/10, 9:59 pm


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