Legal Question in Real Estate Law in California

My rights as a sub-leaser

I pay monthly rent for a room. The woman to whom I pay rent, rents the house from the owner. I have no written lease. It was orally agreed that I pay $440 for rent/utilities on the 1st of the month. It was further agreed that I would "try" to give 30 days' notice if I were to move out. It was also agreed that this would be a quiet place for me to study and live. I have receipts for $300 security dep. as well as all of the rent I've paid.

The renter to whom I pay rent has become loud, obnoxious, and verbally abusive. She constantly yells on the telephone (usually about sexual matters), & reportedly plans to host a loud sexual orgy on the premises, without my consent.

1. Must I give 30 days' notice of intent to move out? If I don't, could I be held liable for more rent $?

2. Do I have a right to the return of my $300 security deposit, even if I don't give 30 days' notice?

3. Does the renter to whom I pay rent, have a right to a copy of the key to my bedroom?

Thank you!


Asked on 4/11/99, 9:52 pm

1 Answer from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: My rights as a sub-leaser

Normally, you can terminate your tenancy by giving notice for the same period

as your rent payments: so a month's notice is probably correct.

If the renter is making it impossible for you to live there, you can claim you have

been constructively evicted, and argue in a small claims suit for return of the deposit that

the notice requirement should be considered waived by the renter's conduct. Otherwise, the

renter is due (not the deposit but) any loss -- up to one month's rent -- caused to her by

your failure to give a full 30 days notice.

Whether the renter has a key to your bedroom turns on the agreement made with her. If you never

agreed to give her a key, she has no legal right.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910


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Answered on 4/13/99, 12:21 pm


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