Illegal sublease, Master-tenant withholding deposit

F

finnyminny

Guest
Jurisdiction
California
I live in SF. I signed a 1 yr sublease with a master tenant 3/1/2016. I was not informed by the master tenant that he was subleasing the rooms illegally. On 12/2/2016 the apartment got a "3-day notice to pay rent or quit/surrender" letter from the landlord. The master tenant had not payed rent for 2 months and only payed a portion for another month. I pay my portion of the rent directly to my master tenant.

On 12/8/2016 I received a text from my master tenant: "Hey guys, landlord knows about the additional subtenants which gives him grounds for eviction. I'm not sure what his next move is but I encourage everyone to have a plan B in case he does move to evict."

On 12/11/2016 we got served court eviction papers. So I found an apartment and informed my master tenant on 12/13/2016 that I was giving my 18-day notice to move out of the room because of the circumstances.

He and I talked and he gave me a verbal agreement that he would return my $2000 deposit minus cleaning etc. within 3 weeks from my 1/1/12017 move out date.
Now he is withholding all $2000 of my deposit because I didn't give him a full 30days notice.

To top it off, the rental agreement he had with the landlord is $4991. There are 4 rooms in the house and I pay $1400 for the second smallest room and my other roommate pays $1100 for the smallest room. That leave $2491 for the 2 largest rooms which means I'm paying more per square footage than I should.

Is my contract with my master tenant null/void under these circumstances?
What are my legal right?
What can I do to get this money back?
Any mediation or legal actions I can take?

Thank you for your time and knowledge.
 
You can probably forget the deposit.
If you can't do that, you can sue him in small claims court.
After you prevail, you can try to collect your judgment.
That's when you'll learn to forget the two grand, because you'll never collect it.
 
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