Legal Question in Landlord & Tenant Law in California

I signed a sublease on a two bedroom apartment in California. Soonafter I moved in, the roommate has had several friends over and I have loss my use and enjoyment of the common areas in the apartment because there are always too many people over. This weekend, one of the visitors was stabbed inside the apartment. My sublease does not end until the end of May but I no longer feel safe. I told the sublessor that I wanted to move immeditately because I am afraid from my life. I can home today to move my items out but he is refusing to give me my personal belongings unless I pay the remainder of the rent. Can he legally do that? How do I get my items without getting put in jail?


Asked on 4/25/11, 12:56 pm

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

Some one who subleases a room out is treated as being a landlord to the sub-leasee [you]. They can not keep your items, holding the items as ransom for rental payments. Tell them that what they are doing is clearly illegal and if they will not immediately release your property you will call the police and then sue them in Small Claims Court for the times and their loss of use.Offer to settle the matter by them agreeing in writing to waive any claim for rent from you in return for a waiver of any claim for damages by you.

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Answered on 4/25/11, 9:31 pm


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