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  1. #1
    Join Date
    Oct 2012
    Posts
    3

    Default Subtenant Needs Security Deposit Back

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

    I have done a decent amount of research on the topic but I can't find much information for subtenant's.

    This spring I moved into an already rented apartment in CA. Before arrival I paid my security deposit and first months rent. I should mention that I did not sign any paperwork at all. I was not on a lease and had no agreements as to how long I would stay. I had zero interaction with the landlord of the apartment complex. I paid the tenant who was on the lease directly month to month. I never even saw a lease and have no idea what the terms were on it as far as duration of time they planned to stay. I never agreed verbally or on paper that I would stay for a certain amount of time and I paid rent in cash.

    I decided to relocate because my room mates used illegal drugs on a daily basis, the area was dangerous and I found new employment in a different location. I did give short notice of my exit but I had paid in full for the next months rent.(July)

    Now months later the two stuck on the lease want to take me to court for unpaid rent. They have been leaving threatening voice mails and text messages demanding that I pay random sums of money. I am sick and tired of it all! I want to know if they have a case against me. From what I've researched it seems that they do not have anything but I want to make sure.

    I also plan to get my security deposit back from them. I feel that I can negotiate this well independantly if I am properly prepared. However, I would like to cover all my bases and have a lawyer waiting to send papers if necessary. Can anyone make a recommendation on how to go about this?



    Thank you for reading.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Subtenant Needs Security Deposit Back

    If they sue you for rent, you will have the opportunity to countersue for your security deposit.

    You didn't tell us - what was your agreement with your roommates/landlords about how long you would stay in residence?

  3. #3
    Join Date
    Oct 2012
    Posts
    3

    Default Re: Subtenant Needs Security Deposit Back

    Quote Quoting Mr. Knowitall
    View Post
    If they sue you for rent, you will have the opportunity to countersue for your security deposit.

    You didn't tell us - what was your agreement with your roommates/landlords about how long you would stay in residence?
    Thanks for the reply.

    I never told them how long I was planning to stay. It was never asked or discussed.

  4. #4
    Join Date
    Oct 2012
    Posts
    3

    Default Re: Subtenant Needs Security Deposit Back

    Update:

    I mailed and emailed a demand letter. I called him and he agreed to pay me back the money before court but is now ignoring my phone calls. He knows he's in the wrong but is trying to avoid the situation.

    I am not sure what steps I should take next because I live on the other side of the country now. I am confident I will win in small claims court but that will require me to fly across the country to complete this issue. Are there any services that I can use to contact him for me so he knows I am serious.

    Any ideas?

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