Legal Question in Landlord & Tenant Law in California

I sublet my apartment while I am out of town on business. There was no agreement other than an oral agreement with the subletter. I paid the rent to the landlord as usual before I left. Two days later he says he wants out and wants his rent back but i've already paid the rent with his check. I'd love to be able to give him his rent back but am in a bad financial situation which was why i was subletting in the first place. Am I legally bound to do so?


Asked on 9/23/10, 5:25 pm

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

The relationship and legal rights and dutes between you and the sub-tenant is the same as between the landlord and you. A rental agreement does not have to be written. The sub-tenant has to give you thirty days notice for the leae to be terminated; so if the notice was given 1/3/11 he is obligated to pay the rent until 2/2/11 [thirty days plus the one day not counted when written notice given to you of the termination--the notice must be in writing and the the 30 days begins the day after you actually get the written notice].

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Answered on 9/28/10, 8:25 pm


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