Legal Question in Real Estate Law in California
Who gets the deposit from the rental apartment
I lived in a three bedroom apartment in California for about 2 1/2 months. I signed a lease for one year. I received a job in another state and left the apartment. Upon signing the lease agreement the three of us each payed $475 security deposit and first months rent. A gentleman took over my room when I left and paid his first months rent. About a year later they received notice of being evicted. Since this gentleman that took my place in the lease didn't buy out my equity in the security deposit, I should receive 1/3 of the security deposit that the property management pays back? He thinks its his because he ''did me a favor'' by living there. He needed an apartment also and the favor shouldn't be worth $475. Also he was short of money at the time of his first months rent, so I let him in without buying me out, knowing that I would receive it at the time of their vacating the property. Please let me know if I'm intitled to my security deposit and how I go about getting it back?
Many Thanks..
2 Answers from Attorneys
Re: Who gets the deposit from the rental apartment
You get whatever the landlord pays back, not the new tenant. But since you describe an eviction by the landlord, I would not count on getting anything back from the landlord. You may have to consider getting your share from the former room mates who defaulted on the lease and caused the landlord to keep your deposit.
Re: Who gets the deposit from the rental apartment
Howdy:
If you paid the deposit, it should be returned to you.
However, because you assigned your interest in the lease to him, he might end up getting it.
If the deposits have already been paid out, then it's really too late. Contact the property manager and find out what's going on with it. He'll be able to tell you what he intends to do.
However, you said this was an eviction. If that's the case, the deposit will probably be forfeited.
The key, though, is what the landlord intends to do.
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