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  1. #1
    Join Date
    Jan 2006
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    Default Re: How Can a Subtenant Get Security Deposit Back

    Do you still live there? If so your deposit would still be properly held by your landlord (the prime tenant). Your landlord retains your deposit until the tenancy is terminated. If you have moved, if you had provided proper notice and owed nothing for damages, your landlord would owe a refund of your deposit.

  2. #2
    Join Date
    Dec 2016
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    2

    Default Re: How Can a Subtenant Get Security Deposit Back

    Quote Quoting jk
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    Do you still live there? If so your deposit would still be properly held by your landlord (the prime tenant). Your landlord retains your deposit until the tenancy is terminated. If you have moved, if you had provided proper notice and owed nothing for damages, your landlord would owe a refund of your deposit.

    No, I moved out on December 21. I notified them about it on November 1. My main concern is: what are my rights as a subtenant? I am not on the lease and there is only a written agreement. How long should I wait before I take them to small court?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How Can a Subtenant Get Security Deposit Back

    Quote Quoting miarocha92
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    No, I moved out on December 21. I notified them about it on November 1. My main concern is: what are my rights as a subtenant? I am not on the lease and there is only a written agreement. How long should I wait before I take them to small court?
    Your rights are that of a tenant. Your landlord (the prime tenant) is obligated to comply with the laws just as his landlord must follow when dealing with him.

    In california your landlord has 21 days to return your security deposit or a statement itemizing the deductions along with the remainder of your deposit if
    the damages did not exceed the amount of the deposit. If he has not done so, you can sue him. If he withheld anything in bad faith, you can sue for treble damages.

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