Sublease Security Deposit
My question involves a security deposit in the State of: California
Hello,
Moved into apartment from a listing on Craigslist. I was moving cities and rushed into a roommate situation. Initally was told I was going to be on lease and ran my credit to make sure I could paid bills. Was asked for a 650 deposit prior to moving in which I agreed to. Lease was never brought up to me from this point and I was never officially on the lease. The roommate came back one day and told me he was moving to India and that I would have to call his parents to get the check.
There are now several issues. Landlord is upset and wants to take a portion of deposit now since he didnt give a full 30 days notice, said she will bill deposit for 12 days of rent since notice was given on the 12th. I am not able to stay there for 12 days and have found another location to stay, I am paid til the first and she is asking I vacate by the first so she can fix the place up. The parents are saying I have no rights to the security deposit since I signed no lease and I would have to take their word and they will give me whatever they think is fair when the security deposit is released. I was only a tenant for 3 months, what types of rights do I have considering I never signed on to the lease. Everything was paid in checks which I have copies of and notes written on the checks stating deposit check and rent check. Can I take the parents to court since the son is out of the country for a long period of time.
Re: Sublease Security Deposit
If you're not on the lease, you're either not a tenant or you're a month-to-month tenant, depending upon the full facts and circumstances. Either way, the landlord can evict you if the rent's not paid in full. If you've created a month-to-month tenancy through your own actions and payments, the landlord is entitled to proper notice of your intent to vacate and also is entitled to rent for the notice period. However, if your roommate signed a lease that applies to the entire rented premises, it's unlikely that you could be deemed a tenant for the same premises as they were already leased by your roommate.
If your roommate owes you money, you can sue him in small claims court. That, of course, is problematic if he's now in India.
Re: Sublease Security Deposit
Landlord did not end up evicting but now i need to worry about security deposit. Sounds like the landlord is going to hold it all because of roommates actions. What kind of small claims courtcase do I have here. Is it likeley that a judge will determine its my own fault for not signing the lease or do I have a case here.
Re: Sublease Security Deposit
We don't know whether you gave the security deposit money to the landlord or to your roommate. If you gave it to your roommate, you need to try to get it back from your roommate. If you gave it to your landlord, you still have an issue that (apparently) you were not on the lease but your roommate was - meaning that the refund would go to your roommate and you might have a problem convincing a court that any portion of it should be refunded to you. But you're making us guess.
Re: Sublease Security Deposit
Gave deposit to roommate. He recieved 400 total back from landlord but is now refusing to release any to me. He is still out of country for another month and the dad is the one I have been dealing with. Dad now says that money was released but will not give any to me. What can I expect from small claims court, I have a saved voicemail from the father acknowledging there was money released from my security deposit and I have copiesof my checks, I'm going to try and get something from the landlord as well.
Re: Sublease Security Deposit
Quote:
Quoting
zlomas84
Gave deposit to roommate. He recieved 400 total back from landlord but is now refusing to release any to me. He is still out of country for another month and the dad is the one I have been dealing with. Dad now says that money was released but will not give any to me. What can I expect from small claims court, I have a saved voicemail from the father acknowledging there was money released from my security deposit and I have copiesof my checks, I'm going to try and get something from the landlord as well.
when I say get something from the landlord I mean documentation of released funds.