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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: 20 days ago.Category: Real Estate Law
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Answered in 6 minutes by:
5/30/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 20 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,217
Experience: Licensed to practice before state and federal court
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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.

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Customer reply replied 20 days ago
Thank you. Do you have a legal answer to my question?
Real Estate Lawyer: Legal Eagle, Lawyer replied 20 days ago

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

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Customer reply replied 20 days 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 20 days 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.

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Customer reply replied 20 days ago
Thank you
Real Estate Lawyer: Legal Eagle, Lawyer replied 20 days 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:-)?

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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).

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