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  1. #1
    Join Date
    Jan 2012
    Posts
    2

    Default Owing Rent for an Illegal Sublease

    My question involves landlord-tenant law in the State of: California

    I found out a month ago that I have been subleasing without the owner's permission. I signed a copy of the lease when I moved in, under the impression that he was aware of my tenancy. The lease explicitly states that subleasing is not allowed.

    The landlord is requesting that we all move out by mid Jan. due to my roommates breaking the terms of the rental agreement. I am not currently living in the property and have not lived there for 2 weeks. I paid rent through Dec. and told my roommates that I would be coming to pick up all of my belongings on the day that we are supposed to move out. The landlord is asking them for Jan.'s rent and my roommates have asked me to pay my usual portion. However, due to their misrepresentation of the situation when I agreed to move in, the fact that I am not being able to stay for as long as they had agreed I would be able to (until May), and just overall being fed up with this nonsense, I am wondering if I am legally obligated to pay the rent for this month? Do my roommates have the right to move/hold my belongings if I do not pay rent?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,138

    Default Re: Owing Rent for an Illegal Sublease

    Your belongings cannot be held in lieu of payment of debts owed. If they want their money they can take you to small claims court and sue you ... after they explain to the court how they intend to hold you accountable for a lease agreement that they had no lawful right to enter into.

    If I were you, I would get my stuff now. The longer you wait, the longer they have to screw with it and then claim they have no idea where your stuff went. Then, you'll be in the position of trying to sue THEM!
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Jan 2012
    Posts
    2

    Default Re: Owing Rent for an Illegal Sublease

    Thank you for your response, I appreciate it and that's all pretty much what I thought. Here's to hoping all my stuff isn't broken or on the lawn when I get back to CA from winter break...

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