Legal Question in Real Estate Law in California

Sublease dispute, no written contract

I am currently subletting one bedroom in a two bedroom house. There is no written contract to outline the terms of my sublease. There is only an oral agreement that I pay $795/month rent. I have thus far faithfully done so.

When I moved in, I provided a $1000 ''security deposit.'' I have informed my roommate of my intention to vacate at the end of this month, and I have asked that the security deposit be used for this month's rent. My roommate has rejected this request, and is demanding that this month's rent be paid in full. Applicability of security deposit to last month's rent has never been addressed between the two of us.

I have damaged nothing in the home. I believe the $205 of security deposit that is in excess of one month's rent is sufficient to cover any cleaning necessary once I depart.

I am concerned that my roommate will take it upon herself to move my stuff out while I'm away from the house.

What are my rights as a sublet tenant in this situation?


Asked on 9/03/05, 10:09 am

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Sublease dispute, no written contract

Your roommate has every right to demand that you pay the rent in full. After you move out, they have a short period of time to return the balance of the security deposit and account for how it was used.

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Answered on 9/03/05, 10:29 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Sublease dispute, no written contract

First, an oral agreement is fully enforceable, unless the term of the lease was more than one year. It sounds as though you had a month-to-month rental, so the agreement is valid.

Next, an agreement to provide a security deposit is usually interpreted to be an agreement to maintain the full amount in place for the entire term of the rental. Indeed, as Mr. Starrett points out, your landlady doesn't have to refund the deposit until three weeks after you have completely moved out. See Civil Code section 1950.5(g).

A few rental agreements specifically allow the deposit to be applied to the last month's rent, and the two of you were free to contract for this, either in writing or as part of your oral contract. However, more likely than not, this wasn't discussed, so you can't expect now to have your deposit applied to your last month's rent. Even if it were discussed and agreed upon, it would be your word against hers before the small-claims judge, and absent any evidence other than conflicting oral testimony, the judge would correctly assume that the "usual" lease provision applies.

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Answered on 9/03/05, 1:38 pm


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