Security Deposit for Sublease (apartment, lease, tenant, renters)

[Jnay765]

I live in Los Angeles. In February, my roommate moved out (we had just signed another 12 month lease), so I had a new person move in. The new girl gave her security deposit directly to the old roommate, and was considered a subleaser (she did not have to sign the lease, only roommate agreement forms through our landlord). On June 8, the new roommate told me she'd be moving out at the end of the month, giving me less than 30 days notice. While she lived here, she was late on rent 2 months in a row, causing my checks to not clear with the bank, which resulted in over $150 worth of charges that she never paid for. She was late on house bills every month. She did not clean her 'areas' when she moved out, even though I specifically asked her to. And now she's demanding her deposit back. What are my legal rights as far as this goes? Do I have to refund all or part of her deposit?

[virgode]

Originally Posted by Jnay765

I live in Los Angeles. In February, my roommate moved out (we had just signed another 12 month lease), so I had a new person move in. The new girl gave her security deposit directly to the old roommate, and was considered a subleaser (she did not have to sign the lease, only roommate agreement forms through our landlord). On June 8, the new roommate told me she'd be moving out at the end of the month, giving me less than 30 days notice. While she lived here, she was late on rent 2 months in a row, causing my checks to not clear with the bank, which resulted in over $150 worth of charges that she never paid for. She was late on house bills every month. She did not clean her 'areas' when she moved out, even though I specifically asked her to. And now she's demanding her deposit back. What are my legal rights as far as this goes? Do I have to refund all or part of her deposit?

$150 is alot in bank charges for 2 months, do you have proof of that?
Legally 30 days notice in writing is the law, what proof do you have of
the June 8th conversation, a he said she said. How much time did it take
to do the clean-up she didn't?

Honestly, she doesn't sound like a good tenant. Finding the right person
can be difficult.

You haven't mentioned how much the security deposit is either, is it equal
to one months rent? I wouldn't keep the entire deposit.

[Jnay765]

The security deposit was $750. The bank fees were $25 for each NSF fee (2 months), $25 for a returned check fee (she was suppose to deposit money in my account but did not), $25 fee to the apartment manager for return check, and I had to drive a little over 40 miles r/t to my bank to get a money oder because of the returned check...so maybe more like $120 in fees for bank/check fees. But she was also late on bills every single month and caused me financial hardship because of that. I do have all my receipts and can prove all those charges.
I also have the text message she sent me on the 8th stating that she was moving out on the 1st.
As for the cleaning, I'd say it took a good 2+ hours. There was a lot of deep cleaning that needed to be done.
In your opinion, what would a fair amount of money be to withhold?

[virgode]

Originally Posted by Jnay765

The security deposit was $750. The bank fees were $25 for each NSF fee (2 months), $25 for a returned check fee (she was suppose to deposit money in my account but did not), $25 fee to the apartment manager for return check, and I had to drive a little over 40 miles r/t to my bank to get a money oder because of the returned check...so maybe more like $120 in fees for bank/check fees. But she was also late on bills every single month and caused me financial hardship because of that. I do have all my receipts and can prove all those charges.
I also have the text message she sent me on the 8th stating that she was moving out on the 1st.
As for the cleaning, I'd say it took a good 2+ hours. There was a lot of deep cleaning that needed to be done.
In your opinion, what would a fair amount of money be to withhold?

Your the lease holder, I'm assuming and financially responsible.
What that means to an LL is you should have the financial
ability to pay your rent on time, without the subleters. There the
icing on the cake for you.

1]I would charge her, late fees, if allowable by state and only if
late fees were previously discussed and agreed upon.

2]Also, since you do have email ,proof of the date you recieved
their move-out notice, charge them rent for the 8 days.

3]Charge for the cost of carpet cleaning and supplies.

Take into consideration , time frame, depending on the state
you have a certain alotted time to do SD refunds, proof of
charges and deductions. Otherwise, your making more trouble
for yourself. Get online and look at your States Landlord tenant
laws, do it the right way.

[Jnay765]

So would I be considered her landlord? The law states for California that I have 21 days after move out, which is already passed.
Ugh. I hate this!

[virgode]

Originally Posted by Jnay765

So would I be considered her landlord? The law states for California that I have 21 days after move out, which is already passed.
Ugh. I hate this!

If you end up in court your going to owe them money.

California law is strict on this from what I've read on the forum,
although I'm not real familiar myself. Charging the late fees is out,
you can not charge late fees in the state of CA, that much I do know.

You have to look at subleting as running a business, you can't wing it.

Technically, 30 days notice start at the beginning of the month, so legally
her notice to vacate would have started July 1st, so you
do have that in your favor and means you can charge for the month
of July and be with in your rights.

[Jnay765]

Well, I was charged late fees by my apartment manager because the roommate did not pay on time. I think it's only fair she pay for those, correct?
And if I'm reading it correctly, her giving me notice on June 8 means that the 30 days would have started on July 1? So 'technically' if I wanted to (which I don't necessarily want to do), I could charge her for the full month of July? If that's the case, I think withholding $200 for 8 days is fair (the daily pro-rated amount of rent x's 8 days), plus the fees I incurred for her being late on rent. If it came down to it, would that hold up in court? I know California is STRICT when it comes to renters laws, and the tenant almost always wins, so I just want to make sure I'm doing it the right way!!!

[virgode]

You went over the 21 days,
Should your renter be aware of her rights, your in deep.
Honestly, give her back all her money.

The next subleting you do better get it right, like I said,
its business.

[virgode]

Originally Posted by Jnay765

Well, I was charged late fees by my apartment manager because the roommate did not pay on time. I think it's only fair she pay for those, correct?
And if I'm reading it correctly, her giving me notice on June 8 means that the 30 days would have started on July 1? So 'technically' if I wanted to (which I don't necessarily want to do), I could charge her for the full month of July? If that's the case, I think withholding $200 for 8 days is fair (the daily pro-rated amount of rent x's 8 days), plus the fees I incurred for her being late on rent. If it came down to it, would that hold up in court? I know California is STRICT when it comes to renters laws, and the tenant almost always wins, so I just want to make sure I'm doing it the right way!!!

Your renting through the complex and her subleting from you have nothing
to do with each other. The complex is your LL, not your subleters. You
are the subleters LL. You have to state your terms and conditions from day one.
Read my first post. You and only you are responsible to pay your rent on time,
with or without a subleter. Your subleter has no obligation to your LL.
Is that starting to make sense?

[virgode]

California Department of Consumer Affairs

Your best website for Landlord Tenant Law in CA.

LL forfeits entire security deposit if not refunded in the allowable
21 days.