Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default Sublease Deposit

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

    We took out a subleased apt for a month in San Francisco to have time to find a rental. We were coming in from NYC and thought we should have time to find a neighborhood we liked. They were leaving to go on vacation for the month so it would have been great for both parties. We sent $800 deposit and signed a contract stating that we would pay $1650 to stay there for the month and that the $800 deposit would be returned if the apartment was returned in the same condition. When it was time to move in, we were shocked. It was messy and smelly. To give you an idea of how bad it was, there was food under the bed, oil can in the hallway, dirty dishes, hair on the sink, the furniture reeked. We told them we were not taking the apt. We tried to give back the keys but they left on their vacation when they knew we were coming to give them back. We went upstairs take pics, I figured I needed it for proof. I emailed a letter that we I wanted my deposit back. I email a more formal letter and sent it certified mail along with the keys requesting my deposit back and stating that if they didn't we would take them to small claims court and include expenses we accrued (hotel, food, gas, etc. and only until we found a rental a week later) because the apt was unlivable. I explained I would wait 10 days to hear from them before I filled. I filled 15 days later. Now that the court case is closer I get an email stating that they requested to move the case to a future date. A couple of days later I served with papers. I looked at the papers, it wasn't the same case. It basically stated they were suing me for the $1650 for the month sublease, even though we didn't stay there. I think the email was a ploy to get us not to show up on the date of our hearing.

    I have pictures and video of the state of the apt, the keys being sent out, printouts of all the emails, copy of the contract, and receipts of all my expenses. Does anyone have any advice?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Sublease Deposit

    I think the email was a ploy to get us not to show up on the date of our hearing.
    Did it work? You aren't clear as to whether you've already had the initial hearing, or if you missed it as a result of the e-mail.

    If you've not missed the hearing, go to court, state your case, present your evidence. Judges aren't dumb. If the place was as bad as you say and the evidence supports you, you ought to prevail.

    With regard to the suit they've filed, hang on to your evidence. You can either file a motion to dismiss their case, or go to court and present your evidence.

    In any case, you should have a chat with an attorney in your area.

    1. Sponsored Links
       

Similar Threads

  1. Subleases: Security Deposit in a Sublease
    By neogx in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-30-2011, 06:49 PM
  2. Security Deposits: Sublease Deposit Refund
    By chaits1984 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-23-2010, 07:32 PM
  3. Security Deposits: Sublease Security Deposit
    By zlomas84 in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 03-09-2009, 10:11 PM
  4. Subleases: Help With Sublease Deposit
    By angrysubletter in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 05-23-2008, 07:01 AM
  5. Security Deposits: Sublease - Security Deposit Withheld
    By touraine in forum Landlord-Tenant Law
    Replies: 7
    Last Post: 06-05-2007, 02:22 PM
 
 
Sponsored Links

Legal Help, Information and Resources