Legal Question in Real Estate Law in California

lease break, roomate situation

My roomie and I signed 1yr lease. She gave me 3 weeks notice that she was moving out. I posted ads on the local craigslist, I showed the apt to approx. 20 people. One filled credit application. The landlord is unable to run her credit because it requires some pin #. Regardless the situation is this....the manager refuses to give katie my roomie her deposit back ($1000) we each paid 1000. Our monthly rent is 2500.00. The landlord told me she is going to change the lease so that I am the only lessee, and whoever takes kayies place is simply an occupant. Katie is demanding the name and # of the new tenant so she can collect her security deposit. The thing is, thre is only 2000 on the books now. If the new occupant (whos credit has not neen run) decides to do the same to me!!! we are 4 months into a year lease. I am taking the occupants deposit and putting it in an escrow acct with my bank. the landlord wrote me and said it was at my discretion if I wanted to give katie any of the new occupants deposit. first of all we need to have the room professionally cleaned, and front door re-keyed. the landlord said that would not be coming out of katies deposit because it does not benefit her.

I definately need guidance


Asked on 8/25/08, 9:40 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: lease break, roomate situation

Your roomie received a big break when the landlord agreed to take her name off the lease. give her a choice wait a year for a refund of her deposit or you want her name to remain on the lease. That will make her liable for any unpaid rent and any damages at the end of the lease.

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Answered on 9/05/08, 10:42 am


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