Legal Question in Landlord & Tenant Law in California

sublet confusion

i entered into a lease contract understanding that our leasor was the landlord. My (supposed) Landlord did not inform me that he was subletting to me until my lease agreement was up (9 months), and even then he did not explicitly state this. Without knowledge of my leasor's initial lease agreement and its standing on subletting, do i have any ground to stand on as far as recouping my security deposit? My leasor is deducting from my security deposit as a result of the property's condition as it was when I moved in. I have no documentation of the before/after condtion of the property during my tenancy. Thank you for your time and help.


Asked on 8/31/07, 4:48 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: sublet confusion

I assume you sublet from a tenant, while thinking he was the owner of the property. Is that correct?

It is still a lease, and he must return your security deposit.

There are only 3 situations where the "landlord" (that includes this situation) can keep the deposit: (1) unpaid rent; (2) damage beyond ordinary wear and tear; (3) if the residence is not as clean when you leave as when you moved in.

He must itemize all expenses, and if he cleans it himself, must charge reasonable hourly rates.

I need more facts to give a specific answer.

Please e-mail, or call, my office if you need more help.

Good luck!

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Answered on 8/31/07, 5:09 pm


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