urgent help for security deposit returnd by one month move out for unfair reson (sublease)

[deyu2010]

break the sublease one month early,may i get my security depoit back through small claim court because i can't put up with the tenant?
me--- subtenant,a foreigner with the expired I-94 status.
tenant---rent from a property management company,not the owner of the APT.
contract---3 month lease by orally agreement from Jan.1-MARch.31 450/month.
1.no internet for one week for no reason.the internet was available one week later as promised before.
2.the male tenant was seperated with his wife and rent this apartment.without signing divorce agreement.from Jan 1,he live with a woman(maybe girlfriend) until now.
3.a visitor(his girlfriend's friend) living for3 weeks with the male tenant,never told us .
4.he quarrelled me twice and let me go when i negociated with him.and rejected return the depoist for not satifing the 30 days notice reason.
6.now he agree with me if i can find a new subtenant instead of me.but it seems not to seek anybody so quickly.
7.before negociate with him, i already find another place and pay for $100 depoist.
how should i do right now?may i win in small claim court?
anybody can give useful information for me?
appreciate!

[Ghostgecko]

My friend, this sounds like a mess...I wish you luck...

Being a person who has lived in SEVERAL negative roommate and housing situations, I can tell you that small claims may not pay you much, and if you aggravate them with court costs, they will most likely devastate your credit and creditability.

It may be best to count your losses and move on. I hope that you can work something out with the individual, say agree to a sit-down with a mediator in a public place, and have them specify the reasons you are not getting it, and then you state your reasons, and see if you can compromise. Be sure to get it in writing with a signature, and a witness.

But honestly, often when you leave a place in an undesired manner, it's often hard to impossible to get your security deposit back. There are times when I have cleaned the place thoroughly, and went above and beyond to make the individual happy, and they still say no. Could I fight it, yes? Did I? I chose to choose my battles, and moved on trying to build a better reputation and get a better place.

I think that's a better move personally...my last place, I left in a great condition and only lost the cleaning and door lock deposit. That's the first time I got that much of a percentage back. The reason why? I stayed till the lease was up, and left the premises in good order as according to the property manager.

I had a negative situation in Denver regarding a roommate with a girlfriend who WAS NOT on the lease living there and even was "informed" that there were firearms on the property which was NOT on the lease and finally left after the situation between him and his girlfriend fighting was unbearable.

I stated when I left that the woman not on the lease and living on premises and the constantly unbearable fighting and dogs issue was too much. When he threatened me with legislation, I simply stated that I know the lease and that it was broken. I retained a piece of mail from the premises identifying her as living there. The issue dropped. I never heard from the guy again. He did accidentally send me an email forward the other day, I thought that was funny...

Again, I hope I was helpful, and good luck...if nothing else, I hope I was entertaining!

[deyu2010]

but here is los angeles,california.

tenant has so many reason for break their lease when they involved in unfair treatment.
my concern is if i can win my case in the small claim court in los angeles,ca.
thanks

[JustPassinThru]

Originally Posted by deyu2010

but here is los angeles,california.

tenant has so many reason for break their lease when they involved in unfair treatment.
my concern is if i can win my case in the small claim court in los angeles,ca.
thanks

Since most/all leases specifically state that you can't sublet the property, the oral agreement you made is probably invalid. On that basis, I don't think that the court could decide in your favor.

Even if you have a deposit receipt, does it specify how and when the money would be returned?

I would either (A)forget about the money, or (B) keep in touch with this individual in case he decides to return the money out of the goodness of his heart, as you did forfeit your deposit when you broke your agreement.

[Cubancoffee]

If you don't have a written lease agreement, you're going to have a very tough time in court. Several of the points you mention, though aggravating, are irrelevant. As difficult as it may be, you should try to work things out with the tenant you were subletting from. Experience is a harsh teacher. Next time get everything in writing. Good luck.

[Lovehound]

Originally Posted by Cubancoffee

If you don't have a written lease agreement, you're going to have a very tough time in court.

I was going to say about the same thing. Any oral agreement is worth the paper it's printed on. In other words there's nothing to show in small claim's court so it's just your word against your opponent. There's no paper so there's no case.

Give it up and move on. Next time get your lease and/or rental agreement in writing, and also remember to get receipts for any money you pay (or pay by check).

[deyu2010]

thank you for all the warm-hearted replies of you,so appreciate。

some key point i want to make are here:

1.according to the CA civil code law,the orally agreement is legal under 6 month as the written one.
2.i had the security deposit and each month's rent payment receipts.
3.i paid first month and worth one month security deposit when i move in,i admit i am late for the 30 days notice. but i got a reply for my case
here is the link,i am not quite sure about the point of the case.
http://scholar.google.com/scholar_ca...t=2,5&as_vis=1

could anybody explain if i break the lease and should i need to pay the last month rent?
but i know the tenant has no right to withhold the deposit for the last month rent.

thank you!

[bouncethelight]

Unless you have a lease that states otherwise, in California, you have to give 30 days notice. And the landlord can keep part or all of your deposit for unpaid rent.

So if you didn't give notice, and it doesn't sound like you did, and if you left without paying for those 30 days, then yeah, the guy you rented from can keep your deposit.

[deyu2010]

very appreciate for kindness support！

here is another side of exprience of break a lease in CA：
http://www.city-data.com/forum/los-a...e-noise-2.html


[SIZE=5]xani[/SIZE]
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I broke leases this way more than once and they shut up. One time it was fleas, another time noise, another time something else.

Also look up for all kinds of violations by your landlord: lack of light, potential to trip and fall, illegal building modifications, etc, etc. You can mention them to your landlord when you break your lease. If there's a potential to fall: don't forget to fall.

Last time I moved out early I actually got extra $400 given by my landlord (city code violation), just so that I stay happy.
Indeed, it's a trouble for me (to have to move out and look for a new place) and I believe they got to pay for it.

It amuses me that leases exist at all (considering unpredictable situation with neighbors/noise/nuisance/smoking under your window, etc): they shouldn't, really. They think they got you by the balls by having your SSN and a little piece of paper called "lease"--you go and get them by theirs. When they see ya feeling real rage and ready to start a ****storm--they shut up. They really are afraid of all kinds of problems and let go of the leases fairly easy--even if they sound like they're gonna go after you. Most of it is loud talking--if they see you're gonna fight, they think twice.

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Last edited by xani; 01-25-2011 at 11:47 PM..

[ladoll]

Originally Posted by deyu2010

very appreciate for kindness support！

here is another side of exprience of break a lease in CA：
http://www.city-data.com/forum/los-a...e-noise-2.html


[SIZE=5]xani[/SIZE]
Member
befriend
Join Date: Dec 2009
51 posts, read 11,892 times
Reputation: 26



I broke leases this way more than once and they shut up. One time it was fleas, another time noise, another time something else.

Also look up for all kinds of violations by your landlord: lack of light, potential to trip and fall, illegal building modifications, etc, etc. You can mention them to your landlord when you break your lease. If there's a potential to fall: don't forget to fall.

Last time I moved out early I actually got extra $400 given by my landlord (city code violation), just so that I stay happy.
Indeed, it's a trouble for me (to have to move out and look for a new place) and I believe they got to pay for it.

It amuses me that leases exist at all (considering unpredictable situation with neighbors/noise/nuisance/smoking under your window, etc): they shouldn't, really. They think they got you by the balls by having your SSN and a little piece of paper called "lease"--you go and get them by theirs. When they see ya feeling real rage and ready to start a ****storm--they shut up. They really are afraid of all kinds of problems and let go of the leases fairly easy--even if they sound like they're gonna go after you. Most of it is loud talking--if they see you're gonna fight, they think twice.

[+] Rate this post positively
Last edited by xani; 01-25-2011 at 11:47 PM..

Why are you asking for people's advice when you so obviously don't want to listen? All if the reasons you listed for breaking your current lease are not valid. Someone else's marriage is none of your d.amn business and married people are allowed to live separately, even if they aren't divorcing. You also later admitted to not paying rent. Also, some people may not be as afraid of you as you think they will be. Maybe some people gave into you because they didn't want to deal with an annoying person anymore. Some people have a higher "threshold for pain." So maybe you have finally run into a person that you can't bully or annoy into giving into you and it's time for you to just shut-up and walk away, considering you admit you broke your lease and didn't pay rent. You are wrong, deal with it.

If you don't like what people have to say then don't ask the question or stop responding.