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A signed a one year fixed lease in a house. My roommate was the main tenant on the house lease, everyone else sublet through her with a sublet agreement that stated nothing about moving out early (no fees, nothing about not being allowed to sublet, etc). My deposit was about 1.3 months worth of rent (quite large).
A got laid off, and requested to move out. She agreed. I put up a craigslist ad and started showing the room (cleaning the house every single time someone came over). Two weeks later, I gave 30 days notice of vacating because it became very clear that her and my other roommates (not on my lease) were going to make the process difficult on me (they were either unavailable or overly choosy based on things like the type of outfit someone wore). Despite having 60 responses to my Craigslist ad (even with the rent raised by $35), when I moved out 6 weeks after initially posting the ad, she had not secured someone. My landlord roommate insisted the person moving in had to meet all three girls which was basically impossible because they were busy with things like going to coffee when potential new roommates came.
A week prior to moving out, I asked for a walkthrough. She asserted that she did not need to give me one and said I would see none of my deposit until she moved out, at which time they would take the amount the landlord charged and prorate it for each person (including a girl who moved out over a year before and still had seen nothing of her over $1000 deposit). I said that it was against the law to do that and she said, "well that's how we do things here."
So I took a billion pictures and videos, and left the room and bathroom cleaner than I got them. A few days later at the end of the month, my landlord roommate demanded rent for May. I responded saying that I had in good faith agreed to pay through May 15th (2 months after initially posting the first Craigslist ad) but that I could not give them anything more. I also owed utilities for March and April because of the way the billing cycle worked (paid a month back). I maintained that because I gave 30 days notice and we could have reasonably (and very, very easily) found someone to take over the lease, my lease should have been terminated May 1. My roommate had a family friend who would have taken over the least mid April and she rejected her for being "a little weird". Thus, I kindly requested that she take two weeks rent (the amount I agreed to pay in good faith) and two months utilities out of my deposit and return the balance and an accounting with receipts. She replied saying she did not owe me anything as my lease had not been terminated and requested May's rent and March's utilities. I told her that she had three weeks to find someone (very doable with college student's graduating and moving into the area).
A heard through a friend that someone was moving in June 1. My landlord roommate never contacted me to tell me. However she did NOT come after me for June's rent so I'm assuming this is true. She could have EASILY found someone to start paying May 15th, and for all I know, she did. I'm assuming she signed some agreement with the new girl but I have no idea. It obviously doesn't count as a sublet through me as the agreement would have had to involve me. I signed nothing with this new individual and have seen nothing of her security deposit nor of the addition $35 in rent.
A month after moving out, I sent another email asking for closure on my lease and requesting my deposit, an accounting of any deductions and any associated receipts. She replied stating she owed me nothing.
In summary:
Mar 15 - It was agreed upon that I would be moving and I posted an ad
Mar 31 - I sent a 30 days intent to vacate notification
April 25 - I vacated and mailed my keys
April 29 - I requested my deposit or an accounting of charges within 21 days
She demanded May's rent which I did not pay
June 1 - Someone moved into my room (most likely)
June 8 - I, again, requested my deposit
- She said "please see previous emails"
Questions:
1. Did I fulfill my responsibility to find qualified replacements negating me of my duties past April 30?
2. Did the 21 days of her needing to send me my deposit or an accounting start when I vacated on April 25?
3. Was my lease legally terminated after the 30 days notice, when someone else moved in, or not until August?
4. If this new person who moved into my room bails after a month, could they come after me for more rent?
5. If I sue for my deposit, can she counter sue for rent? I know she could without a doubt have gotten someone in by May 15th. She could have had someone in by April 15th.
What do you think? What should I do? I know a month's rent is small potatoes to most people, but I had been trying to move out since early March and I know had she tried they could have gotten someone much earlier. Any advice would be greatly appreciated!
I know, it was quite long, as it is quite complicated. I've read all of these articles, and I find that they don't directly apply to my situation in a way that makes me sure of what to do. I was really hoping you would reply because I have seen your responses on some of the other threads I've been looking at.
I think the gist is:
I vacated. It's been 21 days and she refuses to provide me my deposit or an accounting because she doesn't think she needs to. Some else moved in, she sent me no receipts or accounting of repairs or cleaning. I have requested it twice to no avail.
I can sue for my full deposit + interest + damages.
I did not pay May's rent or two months utilities, thus:
She can counter sue for only May's rent + two months utilities (no damages?) - She MAY lose her side if I can prove she didn't make a reasonable effort to fill the room when she could have. Correct?
I know, it was quite long, as it is quite complicated. I've read all of these articles, and I find that they don't directly apply to my situation in a way that makes me sure of what to do. I was really hoping you would reply because I have seen your responses on some of the other threads I've been looking at.
I think the gist is:
I vacated. It's been 21 days and she refuses to provide me my deposit or an accounting because she doesn't think she needs to. Some else moved in, she sent me no receipts or accounting of repairs or cleaning. I have requested it twice to no avail.
I can sue for my full deposit + interest + damages.
I did not pay May's rent or two months utilities, thus:
She can counter sue for only May's rent + two months utilities (no damages?) - She MAY lose her side if I can prove she didn't make a reasonable effort to fill the room when she could have. Correct?
To the first part, since she did not provide you with a deposit return and/or an itemization of deductions within 21 calendar days of you moving out, then she may not keep any of it. Missing this deadline means she forfeits any right to any of it. Even if you left the place trashed. Same goes for if she did not do a pre-move-out inspection, or give you written notice of your right to one, etc.
Landlords in CA are not required to pay interest on security deposits.
Yes, you can ask for punitive damages. If the judge finds she withheld your security deposit in bad faith, you might get them.
You should also ask for your court costs.
As far as anything else goes, why not just take your chance in court, since you'll be suing for your deposit anyway? Let the judge sort it out.
We had agreed I would be moving out and began seeking replacements on March 15th. I gave 30 days written notice of moving out March 31st. Upon me moving out, she still had not signed someone new despite normal, employed females individuals our age wanting the room.
She didn't make an effort to find someone before I moved out and I was worried if I gave her May's rent she would stall for May and then still have my deposit which was 1.3x rent. Thus have no incentive to make an effort. We were friends, and I hoped to remain so, so when I moved out on April 25th, despite having given 30 days notice and finding individuals who wanted to move in, I emailed her requesting she return my deposit (within 21 days) less HALF of May's rent (which I had questionably verbally agreed to pay and was willing to in good faith) and less March's utilities which were billed in April and April's utilities which would have been billed in May (I was always on time with these prior to the last month). I requested she send me an accounting of these charges, associated receipts for the utilities and the balance of my deposit.
Sorry, still long. I tried to summarize!
It's also important to mention, I'm not looking for anything additional from what I believe am owed. I would like to move on with my life. All I want is my deposit less the two weeks rent and the utilities I owe. I'm not looking to get damages but knowing that those factor in would help in my decision to take her to small claims court because if she counter sues and wins, it would help me recover the amount I believe I am owed.
Last edited by SadRenterCali; 06-09-2015 at 10:40 PM..
None of your story matters except dates between you and here, most importantly the move out date and the date you received the itemized list for deposit deductions. CA law is very strict with the move out date and deposit refund, or in the case of deductions to your deposit the itemized list. From the very little I did read it seems like you have a strong case and I would send a threatening letter, return the deposit in full under x law (look it up) or else I will be filing a small claims case you have until x date to respond.
You seem to have all your ducks in a row as you seem to have proof of advertising, showing it to 60 people as you stated which is clearly showing you tried to mitigate your damages.
That is aside from the time frame CA law gives a LL to return the money. The LL or in this case the one who sublet to you have to proof what they did to get it rented and if they don't have the proof then you will see all money including the part for rent be returned to you in a judgment.
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