simchonit327
New Member
The situation, in brief: I moved out of my room (in a house with three people in a college town) a few months ago. As per the lease, which ends this coming July, I needed to find a subletter to take over the lease. I did so with the landlord's approval.
The first problem is that despite me signing a sublease with the subtenant that specifically states the subtenant give me a deposit ($1000), the landlord demanded the subtenant give him the deposit that was supposed to go to me, otherwise he wouldn't let him move in. I moved out several weeks before the subtenant moved in and my other roommates let him in. The landlord now has two $1000 deposits for the same unit, which means $4000 for the house when the lease stipulates $3000. When I told the subtenant that he owes me a deposit still, he told me that the landlord told him not to worry about any agreement he signed with me.
The second problem is that the landlord has stated, in both email and phone conversations, that should there be any damages to the premises, he will take the deductions from my deposit and that the subtenant needn't worry about anything, giving the subtenant license to do whatever he wants to the house on my dime. There are two other people living in the house with the subtenant. When I moved out, I cleaned the entire place and left it in excellent condition, as my former roommates and photographs I took can attest to. The landlord neither never informed me of my right to a walk-through inspection, as stipulated in California Civil Code 1950.5 F1. Without seeing the property he is already saying that he will charge me - and only me, though there are three people still living in this house that I moved from in April.
My questions are:
1). What is the housing code that the landlord violated in demanding from the subtenant a deposit when that deposit should have gone to me and gaining two deposits? Since the landlord demanded the subtenant's deposit, doesn't this make it an "assignment" rather than a "sublet", and my deposit should be returned?
2). How should I proceed with either getting the subtenant's deposit or getting mine back in full from the landlord?
3). I've had problems with this landlord before - not fixing the plumbing fast enough (we pay for the water bill), entering without notification, etc. Should I include this kind of character evidence if I file a claim; if so, how?
4). Can I file an action of declaratory relief in small claims court to establish whether the change in tenancy is an "assignment" or "sublet", and what the legal rights and obligations of the parties involved are?
Thank you.
The first problem is that despite me signing a sublease with the subtenant that specifically states the subtenant give me a deposit ($1000), the landlord demanded the subtenant give him the deposit that was supposed to go to me, otherwise he wouldn't let him move in. I moved out several weeks before the subtenant moved in and my other roommates let him in. The landlord now has two $1000 deposits for the same unit, which means $4000 for the house when the lease stipulates $3000. When I told the subtenant that he owes me a deposit still, he told me that the landlord told him not to worry about any agreement he signed with me.
The second problem is that the landlord has stated, in both email and phone conversations, that should there be any damages to the premises, he will take the deductions from my deposit and that the subtenant needn't worry about anything, giving the subtenant license to do whatever he wants to the house on my dime. There are two other people living in the house with the subtenant. When I moved out, I cleaned the entire place and left it in excellent condition, as my former roommates and photographs I took can attest to. The landlord neither never informed me of my right to a walk-through inspection, as stipulated in California Civil Code 1950.5 F1. Without seeing the property he is already saying that he will charge me - and only me, though there are three people still living in this house that I moved from in April.
My questions are:
1). What is the housing code that the landlord violated in demanding from the subtenant a deposit when that deposit should have gone to me and gaining two deposits? Since the landlord demanded the subtenant's deposit, doesn't this make it an "assignment" rather than a "sublet", and my deposit should be returned?
2). How should I proceed with either getting the subtenant's deposit or getting mine back in full from the landlord?
3). I've had problems with this landlord before - not fixing the plumbing fast enough (we pay for the water bill), entering without notification, etc. Should I include this kind of character evidence if I file a claim; if so, how?
4). Can I file an action of declaratory relief in small claims court to establish whether the change in tenancy is an "assignment" or "sublet", and what the legal rights and obligations of the parties involved are?
Thank you.
