Legal Question in Real Estate Law in California
Sublet in California
My roommate is breaking our 1 year lease 2 months early, and asked me if I knew of anyone to sublet, which I do. So we made plans for my friend to move in. She has yet to give it to my landlord in writing that she is moving out. Our landlord told her that he will issue the security deposits to the two tenants living in the apartment when the lease expires at the end of September. I was simply going to have the subletee reimburse my original roommate for her portion of the security deposit, as this is a temporary situation. My current roommate is now threatening to take legal action against myself and our landlord in order to get her full security deposit back when she moves out. What rights do we have?
4 Answers from Attorneys
Re: Sublet in California
Sounds like a small claims matter. Contact me directly.
Re: Sublet in California
I wouldn't say that someone who is breaching a lease has much in the way of rights, especially when everyone else is bending over backwards to help her out. A tenant is entitled to return of the security deposit (less valid deductions) 15 days after the end of the fixed term of a fixed-term lease, and any earlier refund is charity.
Re: Sublet in California
This is an example of the doctrine of tough luck. Your room mate will be entitled to a return of the security deposit the lease term is over.
Re: Sublet in California
This is an example of the doctrine of tough luck. Your room mate will be entitled to a return of the security deposit the lease term is over.
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