Legal Question in Landlord & Tenant Law in California
An unofficial sublease
I made arrangements to sublease an
apartment. I signed an agreement
with the tenant, who told me that
everything had been okayed with the
management company. So I
submitted a cashier's check for the
rent amount directly to the property
management company. Then I
discovered that the tenant had lied -
the management company knew
nothing about the sublease, and
furthermore they told me that such
a sublease was contrary to their
lease with the tenant. Additionally,
the tenant had been in arrears with
her rent. So I did not take up
residence in the apartment, and
asked the management company to
return my check. However, they
deposited the check and are now
refusing to give me a refund. They
want me to go after the tenant in
order to reclaim the money. But am
I right in thinking that they owe me
a refund because the debt (rent
arrears) is not mine? The check was
made payable to the management
company - I never gave any money
to the tenant herself. Thanks in
advance for your help).
2 Answers from Attorneys
Re: An unofficial sublease
Since the management company has taken the position that your sub-lease is invalid, they can not claim you owe them any money as you never used the unit. It is there obligation to go after the tenant with whom they have an enforceable contract.
Write them a short, sharp letter demanding al the money back within 3 working days or they should have their attorney write you as to what legal basis they will have in Small Claims Court to defeat your suit, which might also seek damages for improper business practices.
Re: An unofficial sublease
Mr. Shers' answer is comprehensive and accurate.
However, I would suggest that you would get better results by having an attorney write, on your, behalf, demanding the instant return of the money, or the lawsuit will be for damages in excess of the aforesaid check.
Good luck!
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