Getting out of a sublease?

[HRodTroy]

I am renting a ROOM in an APARTMENT. We don't have a formal lease agreement between us. I only a receipt for the furnishings in the room and at the very bottom it says "Single rental, No overnight guests". When I rented the room I did it over Craigslist because I was moving from one state to another. I gave both verbal and written 30 day notices.

1) Does he have the right to hold the deposit money I gave him for the 21 days after I vacate? When I gave him the written notice he said he had 21 days to give back my deposit. No specification on when the 21 days started.

2) Can I go after him for an unsafe living environment because of the broken floor tiles in the bathrom and the urine scented and stained mattress that came with the room?

3) Is the leasor legally obligated to put any deposit money in an escrow account?

4) What are my rights and recourses?

5) Does this situation fall under; Sublease, Roommate, or Rental law?

I am new to this renting a room thing and California.

Any help would be greatly appreciated.

Thank you,

 

[mightymoose]

1. The clock on 21 days starts when you vacate and turn in your keys.
2. No. Those are not valid complaints.
3. Not necessarily. I believe the deposit is supposed to accrue interest but does not necessarily have to be put into an account.
4. Wait 21 days and reassess the situation.
5. You did not give enough information to determine.

 

[HRodTroy]

I set up a room rental over the internet just before I moved from CO to CA for a new job. I paid the deposit via wire transfer. The paper I signed states that I need to give a thirty day notice, which I did. It also states that this is month to month and I have use of the kitchen. I figue people who are roommates are typically friends or have some type of prior relationship. I have not seen the original lease that he signed with the apartment management. I am actively trying to find out whether or not sub-leasing is allowed in this particular complex. Is the lease agreement covered under public information?Can I be held responsible for an illegal sublease on his part? Is there anything I can do to get my deposit back sooner?

Lots of questions, I know. Like I said I'm new to all this. Thanks again.

 

[mightymoose]

If you want your deposit sooner make sure you leave no reason for him to deduct anything and then ask nicely for it. Otherwise you just have to wait. There is no action to take until 21 days passes.
If you do not receive your deposit by then or a notice indicating why it was not returned then you could sue in small claims foe the deposit plus damages. I believe you are allowed to claim up to triple the deposit amount.
However, chances are the money is spent and you will never see it even if you sue and win.