Legal Question in Landlord & Tenant Law in California

refusal to pay from non contracted subletters.
Hello, I am under a lease until the end of August.� I had to pre-pay for the month of august.� Due to a family emergency i was forced to leave and stay at home.� I found a couple to sublet my room for the summer in my 2 bedroom apartment (my friend lives in the other room legally).� It would cost me an extra $300 to sublease through my landlord so to avoid charges I did it behind their back with only a verbal contract to the couple.� They have paid up in cash until now, the month that i have paid for.� Their reasoning is that they are unsure when their leaving so they refuse to pay. They are probably trying to bail on me. I will be able to come down there on the 17th.� I plan to live out the final 14 days to eliminate any chance of increasing problems.� How should i handle this without having my landlord sue me or take my $600 deposit.� Can i just call the cops and say strangers are living in my apt. and somehow were able to get a hold of a key and move in without the other renter noticing?

Asked on 8/14/08, 11:48 pm

Robert L. Bennett Law offices of Robert L. Bennett

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Re: refusal to pay from non contracted subletters.

Hi! Nice mess!

First, the landlord could sue you, but cannot take it out of the $600 without other factors being present.

Secondly, the police will not help you, and filing a false police report is a crime.

Legally, the only way to get possession is to serve a 3 day notice on the "couple", and then proceed with an unlawful detainer action.

I would really need to see a copy of your lease to tell you how to deal with landlord, as that $300 charge does not sound "kosher" to me.

Good luck!

Answered on 8/15/08, 8:05 am

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