Hello- I live in California and my son paid 1/3 of the rent monthly for 6 months. He was never added to the lease. Due to a mix up, he paid his share of rent ($360.00) twice in month of June. The property cashed both checks. He and his 2 roomates have all since vacated the property but they are not wanting to re-imburse him for the duplicate payment saying there are damages to the apt. Also, they are citing the lease obligations for 30 day notice that they violated. Q- Is he legally bound even though he is not on the lease?
State/Country relating to question: California
We contacted the property. They were suprised to find that he was not on the lease. They said the property should of never accepted a 3rd party check from him monthly. Sounds like they are going to try and withold the extra payment for the lease break and damages.
The Landlord will not reimburse him?
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Hi and welcome,
You are responsible for the rent. Your agreement on the lease was with the owner. Your agreement between you, your son and his friends is your own and does not bind the owner in any way.
This is what I would do.....I assume you still live there. I would deduct $360 from your next month's rent and write a letter saying that you are doing it because of their refusal to return the $360. The fact that your SON made 2 checks for June is irrelevant. It could have been YOU who paid twice. In either event, they cashed both and they can't keep the second. They are just inventing the damages to get out of retuning the money. Claims for damages beyond normal wear and tear is an issue at the end of a lease, not in the middle.
Let them sue you in small claims for the $360 they want to keep. I don't think the judge will allow it.
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30+ years NYC R.E.litigation & closings; contract law professor.
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