rebdomine
03-16-2009, 01:36 AM
Here's the deal. I've always been the landlord, now I'm the tenant. I moved in with a friend/business partner to keep him from being evicted from a 4 bedroom house he can't afford. We are in search of another roommate. I have some concerns.
He is subleasing to myself and one other person at this time. It is allowed, the owner is okay with that. We've been paying our rent on time which includes utilities. Come to find out he hasn't paid any utilities in 3 months and we received 48 hour notices, he got extensions, but long story short he's now robbing Peter to pay Paul because he has no income.
We've already paid for these utilities as per our lease agreements. He just has been using it to pay his own bills.
Now, when we get a new roommate, he is going to require a deposit which he will be using to dig himself out of his debt-hole. When that roommate decides to leave, he has 21 days to give their deposit back. He refuses to listen, and thinks he has 90 days. He only believes what he wants to believe. Being sued for twice that much isn't a deterrent.
Since we've already paid for our utilities, and he just hasn't been paying the bills, when the power gets shut off and the water gets shut off is that a circumstance in which we can withhold rent? I know it's legal if it's BROKEN, and the landlord/owner of the house refuses to fix it so that it's habitable, but I'm wondering what happens when you are not a leaseholder, just an occupant, and you pay your landlord and your landlord screws around with your money.
Also, what happens when a subleasing "landlord" agrees to not require a subtenant to pay any kind of deposit, and then 3 months later demands a deposit? There is proof in writing that it was agreed that no deposit was necessary. How does a landlord who is subleasing go about changing their mind, legally? Can they do that if it's month to month? Just change their mind?
I know responses to this will vary, and I know that not all of them will be according to CA state law. I'm not looking for opinion, I'm looking for real information - cases tried and won or lost in this area in California, or civil code that addresses this issue, or anything at all. Opinions are welcome, but please do not state your opinions as fact as that will not help me.
Thanks.
He is subleasing to myself and one other person at this time. It is allowed, the owner is okay with that. We've been paying our rent on time which includes utilities. Come to find out he hasn't paid any utilities in 3 months and we received 48 hour notices, he got extensions, but long story short he's now robbing Peter to pay Paul because he has no income.
We've already paid for these utilities as per our lease agreements. He just has been using it to pay his own bills.
Now, when we get a new roommate, he is going to require a deposit which he will be using to dig himself out of his debt-hole. When that roommate decides to leave, he has 21 days to give their deposit back. He refuses to listen, and thinks he has 90 days. He only believes what he wants to believe. Being sued for twice that much isn't a deterrent.
Since we've already paid for our utilities, and he just hasn't been paying the bills, when the power gets shut off and the water gets shut off is that a circumstance in which we can withhold rent? I know it's legal if it's BROKEN, and the landlord/owner of the house refuses to fix it so that it's habitable, but I'm wondering what happens when you are not a leaseholder, just an occupant, and you pay your landlord and your landlord screws around with your money.
Also, what happens when a subleasing "landlord" agrees to not require a subtenant to pay any kind of deposit, and then 3 months later demands a deposit? There is proof in writing that it was agreed that no deposit was necessary. How does a landlord who is subleasing go about changing their mind, legally? Can they do that if it's month to month? Just change their mind?
I know responses to this will vary, and I know that not all of them will be according to CA state law. I'm not looking for opinion, I'm looking for real information - cases tried and won or lost in this area in California, or civil code that addresses this issue, or anything at all. Opinions are welcome, but please do not state your opinions as fact as that will not help me.
Thanks.
