Legal Question in Real Estate Law in California
21 Days to Return Security Deposit
I subleased a place and signed a subleasing agreement, which was to start in mid-Feb. 2003 and end on November 2003. Not even a week after moving into the place, the subleasee said he was moving out and I had to move out in a few weeks. I need the money I gave him for security and for rent to pay for a new place, but he says he won't pay back the rent money of $750 until the day I move out and the additional $500 security deposit until 21 days after I move out. He says that California law gives him the right to keep the deposit for 21 days in case of any extra bills he might recieve because of me from using the phone line. I did not make any long distance calls on his line, especially since he had said the phone line was not for my use. Does he really have the right to keep the security deposit for that long?
1 Answer from Attorneys
Re: 21 Days to Return Security Deposit
Yes, that's the way the deposit laws are written, but I think the bigger question here might be whether this sob-lessor has the right to terminate the sub-lease. If he is in breach of the sub-lease by refusing to honor it for its full term, you could arguably just remain in possession -- not leave -- or demand immediate restitution on the basis that the sub-lessor had waived his rights to hold the deposit for the normal hold period.
What does the owner-lessor have to say?
It will be interesting to see what other LawGuru attorneys think about this question.
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