Legal Question in Landlord & Tenant Law in California

Re: renter trying to get deposit back

Does the friend rent the property you were going to rent a room in? If so, she was almost certainly sub-letting the room without the landlord's permission. Demand your money back indicating that you decided last-minute that you did not want to participate in an un-approved sub-let. If she owns the home, the deal changes a little. You can have an oral lease agreement, and the question boils down to what did you agree to. Did you agree to rent the room month-to-month, or for a fixed period of time (three months, six months, year, etc...). If it was month-to-month, she can only keep 30 days rent. If it was for a term, she can keep the money to the extent that it covers the entire rent for that period, plus her cost to find a new tenant LESS the rent she actually collects from the next tenant for that period. In other words, if it took her 1.5 months to re-let that room, and she spent $100 on advertising, then she can keep 1.5 months rent plus $100 of the money you gave her. This, however, is all predicated upon her burden to prove in court that you agreed to more than a month-to-month lease. Send her a letter demanding it all back, then take her to small claims court.

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