Legal Question in Real Estate Law in California

Does this qualify as a legitimate, legally binding Rental Agreement, Where John is renting a room from Jane from September to December? Why or why not? Note: Jane is not the landlord and is illegally subletting the room. Furthermore, is Jon entitled to a return of his security deposit?

Rental Agreement of $700 per month

John Doe & Jane Doe 9/2012-12/12 $700.00 security deposit received

by Jane Doe From John Doe


Asked on 10/08/12, 1:25 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd say there is a strong possibility that John and Jane have a legally-enforceable oral rental agreement, and that the brief note given in your question is not the agreement, but is evidence of the oral agreement, which could be admitted in small-claims court as evidence of the existence and terms of the oral agreement. The supposed "illegality" of the subletting is not particularly important here; it is at most a breach of Jane's lease agreement with the landlord, and the landlord is the only one with a right to complain or sue on that. Whether John/Jon is entitled to a refund of his security deposit, and how much, will depend upon what claims Jane has against him, and whether the claims are of a kind where the (sub)landlord is allowed to deduct from the (sub)tenant's deposit. Such claims may include damage done, cleaning, and a limited amount of unpaid rent. A security deposit is not intended to give the (sub)landlord a windfall; it is there for reimbursement of actual losses occurring upon the (sub)tenant's default.

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Answered on 10/08/12, 8:43 am

I'd say you should be doing your own homework.

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Answered on 10/08/12, 12:08 pm


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