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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Subtenant Being Charged Former Tenant's Late and NSF Fees

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


    new tenant "B" is taking over 1/2 the lease for "E".. Other person on rent in "R"

    "E" left apartment hour after paperwork was signed. new tenant "B" found out after paperwork was signed that previous months rent was unpaid, NSF fee applied, Late fee applied.. After "B" signed paperwork to take over part of lease she learned this and the amount was $980...

    Should leasing company have informed new tenant "B" that these fee's existed?

    And if they did not does this void lease and it appears to be misrepresented...?

    Should i "Lawyer" up

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Subtenant Being Charged Former Tenant's Late and NSF Fees

    Exactly what do you mean by "taking over" for the master tenant. If in fact you're a subtenant and the master tenant owes money, the landlord can terminate the master tenant's lease - your sublease depends upon the continuation of that lease. If you are not responsible for those expenses per your sublease, you would have a cause of action against the master tenant (your landlord) for breach of contract. If this is the case, and you're not on the hook for the money per your lease, what did the master tenant (your landlord) say when you demanded that he pay the money?

    If by "taking over" you mean that the former tenant was released and that you have a new, independent lease with the landlord, your obligations are whatever are described in your lease with your landlord.

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