Legal Question in Landlord & Tenant Law in California

Deposit

I'm a traveling nurse and had an assignment come up quick in CA. Found a roommate off a roommate site that has a bdrm/bthrm to rent month-to-month. Within 3 days of being here found another place. Closer to my job and told her I would be moving at the end of the month. I was leary about getting my 500.00 deposit and asked if I could have it sooner to secure the other place. She said in writing ''Of course I could have it back.'' Now she has come up with a paper that states it is CA law that as a landlord she has 3 wks after moveout date to give it back. I have doubts that she is even suppose to be subletting the apt because there isn't even a spot for me to park. I'm parking in a clearly marked guest spot and have to find elsewhere if someone is in that spot. The promised dryer doesn't work and the bthrm is stuffed with things under the sink and in the hamper. Thank you!


Asked on 6/30/09, 4:09 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Deposit

It is true that she has 21 days after you vacate the premises to return your security deposit, and/or an itemized accounting for the use of your security deposit. Security deposits may be used by your landlord (in this case, your roommate) to repair any damage that exceeds normal wear and tear, and to reimburse the landlord for any unpaid rent. You may have a couple of issues - first, you did not give her proper 30 day notice of your intent to terminate your tenancy. As such, she may be able to claim additional rent is owed beyond the one month. I doubt she will if she hasn't raised that issue yet, but be aware that might be withheld from your deposit, and would be legitimate on her part. She shouldn't withhold for damage as you didn't live their long enough, unless you caused some real issues while there.

Second, as to your claims that she shouldn't be sub-leasing the place, I can almost guarantee that her lease with her landlord prohibits her from subletting the apartment without his or her written consent. Does that change the fact that the roommmate has 21 days to return your deposit? No. Even without a parking space, and some misrepresentations as to the condition of the property, you can't change the fact that you will have to wait for the security deposit. If she doesn't pay it on time, then you will have to take her to small claims court. Sorry - I know that wasn't the answer you wanted.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/30/09, 4:49 pm


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