Legal Question in Landlord & Tenant Law in California

I'm being taken to small claims court by my former landlord in an apartment I lived in over 30 years with my mother. In 2009, she passed away and I asked my manager if I could get a roommate. That was August 2009. He said it was ok. We lived in the apartment together until March 2011 and I gave him and the manager notice I was moving to save money and be closer to work. My roommate, sub-leaser, didn't move. The landlord gave him $1500 to vacate the unit and has come after me for the money and two weeks rent. I need to prepare a defense in court and I don't know what my rights are. I feel I don't owe the landlord $1500. He never called me or e-mailed me to have a meeting with my sub-leaser to pay him off and now wants the money.


Asked on 6/01/11, 2:08 pm

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

Your defenses will depend upon whether you sub-leased the unit to the the roommate or whether that person was a tenant of the landlord, and whether the landlord accepted the roommate after you moved out as a tenant or not. If you were the master tenant, you did have the obligation to remove the sub-tenant. You would have to argue that the landlord could have gotten the roommate to move at a lesser cost.

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Answered on 6/01/11, 9:56 pm


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