Legal Question in Landlord & Tenant Law in California

I sublet my apartment and landlord is not giving me back my security deposit.All rent due to the landlord was paid and no damages were realized. Does he have a case that since I broke the agreement by subleasing that he can keep my security deposit?

I was never even given an eviction notice or anything legal from him. It was just made clear that he knew I was subletting, so I gave him 30 days notice and then moved out. It was a month to month lease.

Also, I was able to get more from the sublet than my rent. Could he possibly claim "unjust enrichment" and counter-sue me for some of that income?


Asked on 11/06/14, 11:25 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You're not supposed to sublease if your lease with your landlord forbids it. He has no obligation to return a security deposit to you while your subtenant is illegally occupying the property. His obligation to return the security deposit would only be triggered after you and your illegal subtenant had vacated the property.

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Answered on 11/07/14, 1:32 am


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