Legal Question in Real Estate Law in California

Sublets/security deposits

My roommate is breaking our lease 2

months early. The landlord gave her

permission to sublet. She asked me if

I knew of anyone and I did so we

made plans for her to move in. 4 She

is insisting that the subletee

reimburse her in full for her half of

the security deposit. My land lord

has explained to her that in the past,

what happens is the security deposit

is issued to the two people living in

the apartment when the lease is up.

In this case, the subletee would

simply reimburse my original

roommate as it is just two months

away. My current roommate is

basically trying to get a 100%

reimbursement for her deposit, and

leave me and the subletee (who will

only live there for 2 months)

financially responsible for damages to

the apartment. HELP!


Asked on 6/25/08, 10:43 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Sublets/security deposits

I've answered this already, to the effect that the current roommate/cotenant is being unreasonable and has no right to an early refund of her deposit.

If you need a more detailed, complete or expert opinion, please do not re-ask under the "real estate and real property" topic heading. I'm pretty sure LawGuru has a specialized topic with a name like Landlord-Tenant or the like. Give that a try.

As a LawGuru volunteer, not an insider, I do not know why we are referred multiple copies of the same darn question. Frankly, it is a bit annoying. I do not know whether the site itself is generating these multiple copies, or if out users have gotten the idea that if they ask the same thing three times, they'll get three times as many answers. Whatever the cause, it needs to stop.

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Answered on 6/26/08, 12:46 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Sublets/security deposits

Answered already.

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Answered on 6/28/08, 6:19 pm


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