Legal Question in Landlord & Tenant Law in California
Sublet/security deposit
My roommate is breaking our lease 2
months early. The landlord gave her
permission to sublet. She asked me if
I knew of anyone and I did so we
made plans for her to move in. 4 She
is insisting that the subletee
reimburse her in full for her half of
the security deposit. My land lord
has explained to her that in the past,
what happens is the security deposit
is issued to the two people living in
the apartment when the lease is up.
In this case, the subletee would
simply reimburse my original
roommate as it is just two months
away. My current roommate is
basically trying to get a 100%
reimbursement for her deposit, and
leave me and the subletee (who will
only live there for 2 months)
financially responsible for damages to
the apartment. Furthermore, my
roommate says that because I
brought a kitten in to the apartment,
which my landlord knows about and
doesn't care about, that I violated
the lease and it is now void. True?
False? Help!
1 Answer from Attorneys
Re: Sublet/security deposit
You should remit the percentage of the returned deposit to former roomie, when and if it is returned. Damages (if any) come out of the deposit.
False!! If the landlord doesn't object to the kitten.the lease is not violated and is not void.
Sounds like you may end up taking her to small claims court. Remind ex-roomie that axtually she broke the lease, is responsible for damages, and lucky that you and landlord have been very good to her.
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