Expert: Sylvia Bergthold - 12/2/2006

Question
Hi,

I am a sublease having a problem with the tenant.
I told him that I have to move out in 18 days. I paid him for a month of rent,
because I was supposed to tell him this 30 days before my departure. We had
an argument in the meantime about something else, so now our relationship
is bad. I gave him my deposit the day I moved in. He just told me that he
might not give me the deposit back the day of my departure, because he can
have 30 days and he doesn t have the money now. It is written in the
contract: "The deposit is ...$ paid from X (me) to Y(him) and will be paid back
when X is moving out. After 30 days notice some of the deposit can be held
for the last months PG and E and cable..."
It is not a one year lease. The problem is that I will change country before the
30 days notice.
I really don t trust him, as the two others roommates living with me with
which he has bad relationship to. I know that a previous roommate going
back to his country the day he moved out never had his deposit back from
him. I am going back to my country 3 days after I moved out.

Can I legally asked him for the deposit the day of my departure? Should I call
the landlord and tell him that I will sue him if I don't have it back?

Thanks a lot for your advice!

Answer
Hi Fred

The problem is you DID NOT give him a 30 day notice you were leaving, you told him 18 days before your last day there.  So you can try suing but it won't do you any good.

Your agreement was to notify 30 days ahead of your move out date.  You didn't do that. Even if it wasn't in writing, this is an implied law in housing. 30 day notices, preferably in WRITING.

His relationship with the other two roommates have nothing to do with your issue with him.  You can talk to the landlord if you want and see what he says about this whole thing.  He will probably basically tell you the same thing I am.  You did not give your roommate proper notification you were leaving and therefore he does NOT have to return your full deposit.

It also depends what your city, county and state laws are regarding this issue.  You might want to call or visit the Fair Housing Council in your city. Explain the situation and ask what your rights are.  They can tell you better than I can as they deal with local issues.

Good Luck
Sincerely
Sylvia Bergthold
www.aroommatesurvivalguide.com