Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I leased an apt and the mgt introduced me to a roommate who…

Customer Question
I leased an apt...

I leased an apt and the mgt introduced me to a roommate who rented to. She gave me 2 months, no deposit. After 1 mo I want to move. She is locking her dog in her room and he cries all the time but she says he does not. I am miserable. Mgt says we are both on the lease. Roommate says she is on the lease. I gave her 30 days notice to vacate. I paid $2300. rent plus gas, elec, internet and $1500 deposit. Roommate says she CANNOT reimburse deposit, won't move and will only release me from the lease at the end of June but is not in a position to return the $1500 deposit to me. I am tied in knots and don't know what to do. I am not comfortable Not paying June rent not wanting someone else's bad behavior to cause me to act bad and packing up and leaving and ending up in front of a judge to decide what I should have done does not appeal. What should I do?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Newport Beach, California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Month to month for 6 months (I've been here March 7th to now. They take care of maintenance.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all for now.

Submitted: 2 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
5/30/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,300
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Real Estate Law Question
Customer reply replied 2 months ago
Thank you. Do you have a legal answer to my question?
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

So, is this woman a subtenant or a roommate officially?

Ask Your Own Real Estate Law Question
Customer reply replied 2 months ago
The apartment management referred her to me and put us both on the lease. She paid me not the mgt and is ow holding my $1500 deposit against me, will not return it and says she cannot afford to return it to me, but will make a decision to release me from the lease or not at the end of June which is our agreement to be here. At the end of June she has already said she cannot afford to return my deposit but will give me what she can. I don't like that. I don't like the idea of just moving out but what recourse do I have knowing she cannot reimburse me the deposit and she won't move. I took her in with her paying 2 mos in advance so June would her her second month. She knows how this works.
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

I see. So, you can move out of the place if you don't like living there, but the problem is that you would still be responsible for the rent and until you move out, the landlord doesn't have to return the deposit, meaning that the roommate is the only person from whom you could recover any of it at this point.

I hate to say this, but although legally you could move out, your rights really don't apply until your lease is up.

Ask Your Own Real Estate Law Question
Customer reply replied 2 months ago
Thank you
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

It's no problem.

One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,300
14,300 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I have a lease in Oregon that was supposed to be for 14
I have a lease in Oregon that was supposed to be for 14 months. I was sent a notice as the end date of the 14 months is June 7th, 2018. My roommate that is also on the lease noticed that the lease end… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I am living in rent stabilized apartment in NYC and my name
I am living in rent stabilized apartment in NYC and my name is ***** ***** along with my friend. But now my friend left then I took a roommate. But roommate is not on lease neither we have written agr… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Hey, So I had a female move in with me, and we made the
Hey, So I had a female move in with me, and we made the mistake of getting involved in a relationship. My second mistake was not making her put a deposit down. Things after a few months did not work o… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hi,i have a tenant / landlord lease dispute that i need
Hi, i have a tenant / landlord lease dispute that i need advice on. To summarize the whole thing with a timeline; Dec 5th 2011: Due to immigration issues (visa expirations / renewals) myself and 2 roo… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I took over an apartment lease, the old tenant left meat in
I took over an apartment lease, the old tenant left meat in refrigerator and turned it off. i can not get odor of the rotton meat smell out of it. Whole apartment smells. apt complex manager say they … read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
Background I moved out of a Unit that I was living in with
Background: I moved out of a Unit that I was living in with 2 other girls in Oct of 2010 b/c my landlord would not accommodate my companion animal. The landlord agreed to break the lease from her end … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In the city of New York (Astoria Queens), I have roommate who
In the city of New York (Astoria Queens), I have roommate who has a signed Month-To-Month agreement with me that says $750 is paid on the first of each month in advance for the month. It also says the… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
hi mr.kaplun my name is XXXXX XXXXX and i have an ex tenant
hi mr.kaplun my name is XXXXX XXXXX and i have an ex tenant who is trying to sue me for the return of her security deposit and she left the apt looking like a shamble… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Hi, I have a situation in which Im renting an apartment in
Hi, I have a situation in which I'm renting an apartment in NYC. I share this apt with a roommate who is not on the lease. We had an issue with heating until November when the landlord and both myself… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Question... Signed a one year lease with a mgt company with
Question... Signed a one year lease with a mgt company with 2 other roommates in October for 1 year. 1 of the 2 roommates was on the lease the previous year and renewed it in October. Because of this,… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
My tenant has been w/ me now for six months out of the 12 month
My tenant has been w/ me now for six months out of the 12 month lease. She has paid according to the lease for six month and now feels that she wants to move out. The problem is that she has never ret… read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
Three roomates living in Newport Beach, CA. Rent is $2800/month
Three roomates living in Newport Beach, CA. Rent is $2800/month which is shared equally among the three of them. All three are signed on a one-year lease. One wants to default on lease and move out 3 … read more
socrateaser
socrateaser
1,031 satisfied customers
Melissa in Newport News, VA. My roommate Brittany and I
Melissa in Newport News, VA. My roommate Brittany and I signed a lease at the end of March last year. At the end of September, Brittany moved out of the country. Before, she left I contacted the apart… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I signed a residential lease for the period of April 1, 2007
I signed a residential lease for the period of April 1, 2007 through March 31, 2008 for a townhouse located in Neptune Beach, FL. In paragraph 12.1 the Lessor acknowledges the receipt of $1,200.00 " .… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers
I signed a lease on sat during lunch break, went to apt and
I signed a lease on sat during lunch break, went to apt and it bathroom was filthy, place looked crappy. I felt unsafe and unhappy..wanting to break the lease. Went to office on monday morn to tell th… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I subleased from my roommate and gave her a deposit of $1100.
I subleased from my roommate and gave her a deposit of $1100. We now rent directly from the landlord and have a lease with him. She does not want to give me deposit back. She thinks that the deposit s… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
IM A NEW LANDLORD WITH A THREE BEDROOM APARTMENT FOR RENT.
I'M A NEW LANDLORD WITH A THREE BEDROOM APARTMENT FOR RENT. A YOUNG LADY CONTACTED ME WITH URGENCY ABOUT NEEDING A PLACE TO LIVE. HER OLD LANDLORD OF EIGHT YEARS WAS RENOVATING HER HOUSE AND NEEDED HE… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
My daughter is going to college in Moorpark California. She ...
My daughter is going to college in Moorpark California. She has a roommate & a 1 year lease on an apt. that expires in August. She tried to give her notice that at the end of the lease she would be mo… read more
AlexLaw
AlexLaw
Doctoral Degree
140 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x