Hello I am an International student and moved in to a place on December 1st in California, I asked for a lease and the roommate with whom I talked about renting told me the landlord was out of town, I moved in and pay a deposit and asked him and another roommate again about the lease and they told me they will talk with the landlord. It's been almost 4 months and I haven't heard anything about the deposit, also this will be my last month ( I already gave my 30 day notice) due to a conflict with the guys ( I complained about their cleanliness and told them don't use my things if they couldn't clean them and they told me that everyone will use their own stuff and put a lock in the fridge and washer and drier ) they didn't kick me out but recommended me to leave and since I didn't want more problems I am moving out. So this last payment of month since the situation with them is bas I decided to pay half of my rent and tell them to use the other half of my deposit notifying this orally to one of the roommates who rented me the room. So 2 days ago I received an email from the third roommate (That I met when I was about 2 weeks already living then) who apparently is the one in charge to subrent the room I am living in, under the permission of the owner, saying me that he did not approved what I did about my last rent payment and I didn't notified it to him before and that in 48 hours I have to pay the rest of my rent of this month and that when we leave and after any deductions have been done from any damage in my deposit, he will send me my deposit within 21 days. My question is, if I never had a lease even if asked for it several times and he never told me anything about my deposit in any oral or writing lease does he has the right to make me pay in 48 hours or even send me this kind of email intimidating me? Also the if the roommate who rented me the room didn't have the permission of the owner and never specified anything else than it was month to month, the price of rent of the deposit and when the rent was due ( I had to ask him) is that consider as a legal oral lease if he didn't had the right to rent it?What should I do?
Thank you so much!

Its legal. You were a month to month tenant. The payment of the deposit and the handing over of the keys constituted a contract.

The roommate was correct. YOU cannot decide how to use the deposit. The deposit is to protect the landlord from you leaving damages or non payment of rent. So, if you haven't paid your rent in full, you can be given a 3 day written pay or quit notice. If you don't pay within the 3 days, then they have to file for eviction. Under CA law they have to return the deposit or an accounting of how they used in within 21 days.

What you should do is pay the full rent you owe or face an eviction process. Now its possible, you will have left before the eviction process can be completed. So then, if there are any damages, they will have to sue you for them.

But I would still make the payment. Make sure you clean up everything and do a walk through before you hand over the keys. You can find walk through checklists on line. Make sure everything is checked and make sure you get one of the roommates to sign it.

Since the legal matter has been answered, and you are an international student, I'll just say that I went through this many times, and that the norm is that deposits are often juggled informally. If someone is thrown out, the expectation is that the person leaving can use up his deposit on rent (unless he did damage), and if he is leaving abruptly, he loses it, and if he is leaving amicably with a replacement in place, he gets the deposit from the new person.

You sound in between. You were too casual about all of this when you moved in. I personally would not want to trust a roommate 'in charge' to send me my deposit 21 days after I leave. Take it from there how you wish. Put as much of your possessions somewhere else if you can and just sleep there until the end of the month. 'Intimidation' is not allowed. Eviction takes much longer than half a month. They know they are lucky getting half your deposit to cover the time it will take to find another roommate.

So even though I told the roommate who rented me the room about what I was going to do for the deposit and he told me it was fine with him I can not do it? Also I haven't answer the email yet, I was thinking in no answer it and not argue with them knowing I will lost what is left from my deposit. Can I do that?
Thanks

This is America. You 'can' do that, of course, because no one can legally stop you without taking you to court. I like your idea of not answering the email and not arguing. They want you out, and I think they are getting a good deal. I doubt that they will take you to small claims for the other half of the rent. They have no proof that they even turned it over to the landlord (unless you have proof that he cashed your check). Even then, I wouldn't think they will take you to court. And they might lose.

I somewhat disagree with joy. I think if they take you to court and they can prove damages, you will lose. But I do agree that its not likely they will take you to court.

Make sure you take lots of pictures of your room. Buy a small digital camera if you don't have one. This will be the only way to show the condition you left the place in. A simple picture in the series with the latest local paper visible will prove the time/date of your evidence,

(We don't even know yet if OP knows that the roommate turned in the deposit to the landlord.. )

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Originally Posted by joypulv

(We don't even know yet if OP knows that the roommate turned in the deposit to the landlord..)

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It appears that it's a sub-let situation. OP is renting from the roommate:

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Originally Posted by canaca

... received an email from the third roommate (That I met when I was about 2 weeks already living then) who apparently is the one in charge to subrent the room I am living in, under the permission of the owner, saying me that he did not approved what I did about my last rent payment and I didn't notified it to him before and that in 48 hours I have to pay the rest of my rent of this month and that when we leave and after any deductions have been done from any damage in my deposit, he will send me my deposit within 21 days. ...

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Thank you everyone for your help. So I didn't answer to his email that was emailed to me on Monday but I knocked in his door yesterday and today not obtaining a response. At 11:00 pm of today, Wednesday, I found in my door a 3-day notice to pay rent or quit and I went to knock in his door again but no one open.
In the 3 day notice to pay rent or quit, it says: "To the above named tenants/residents and all other in possession. Please take notice, that you are justly indebted to the sublessort of the herein described premises; and notice is hereby given pursuant to the lease and/or rental agreement under which you hold possession there is now due, unpaid and delinquent rent."

Here it refers to a lease or a rental agreement I never was given by him.
As I stated before the room was rented to me from the others to roommates who legally doesn't have the right to do it since they don't have the permit of the owner to sublease ( I have all messages with them about when to move in, about how much will be the rent and deposit and even a message where I ask about a lease to sing); In fact, I didn't met or saw the roommate who is in charge of sublease, and now is "demanding" me to pay the rest of the rent due for this month, till the second week even though he was living at the house at that time and was not in trip or out of town.
He also emailed to me with the picture of the notice on my door saying that he knocked today and yesterday on my door and didn't obtained a response when I actually was in the room and didn't heard anyone knocking on it.
Also in the email it says that since I ignore his first email that he has seen himself obligated to make a legal notice to me and that he is expecting a legal and appropriate format response letter.

As my concern, it is against the law to use half of my deposit to pay part of my last month of rent even though I am leaving for impediments that he and the other roommates put ( as lockers in fridge, washer and drier) that make my living in this house impossible obligating me to move out and even though I talked to one of the roommates who rented me the room and told me it wasn't a problem to him and it was fine ( that of course he will not recognize since they are friends); It is still not legal right?

Also I just found out at the very beginning of the month that this roommate was the one in charge of sublease the room and he was the one who " recommended" me to move out.

At this point, if I move out in 3 days, could I still have the possibility to get my deposit back? About the deposit, the problem is that the house is a mess, it was worst when I moved in since I always clean everything and had repair a few closets but I don't have proofs since I didn't took pictures, and the room has a wall pretty messy too from the old roommate from whom they deduct $200 of his deposit for that, I have friends who saw the situation of my room and the rest of the house.. but it will be their word against mine.

Regarding the response to the 3 day notice letter, Can someone give some advise of how or what should I write? I know the easier way will be to pay the rent that is due but I know they are not going to give me my deposit back because since I don't have proofs of how was the house and the room when I moved and I don't get along with them, they will blame me for the damages, so I am not sure about paying the rent due.

I am also not sure if he is doing all of this to intimidate me because since I am foreign he thinks I will freak out , because I know you can download this notices from the internet and in the notice it just appears his name and in the section where it says person authorized to give notice there is an ineligible signature.

Thank you so much I really appreciated your help.

A 3 day notice has to be followed by a formal eviction process in court that takes at least 30 days and which I doubt they will start.
Take pictures of the locks on fridge, laundry, etc.
No point now in taking pictures of damage done before you moved in. They have your other half of the deposit whether they deserve it or not.
You should have kept proof that you gave notice on a certain date, but at this point, it's all such a mess that I would just stay there as little as possible, put what you can in storage, and move out when you said you would, I assume 3/31.
Try not to worry despite the intimidation. I have a feeling they have been through this before.
Yes, I would guess that the 'signature' is totally made up.

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Originally Posted by canaca

. At 11:00 pm of today, Wednesday, I found in my door a 3-day notice to pay rent or quit

Here it refers to a lease or a rental agreement I never was given by him.

As my concern, it is against the law to use half of my deposit to pay part of my last month of rent

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I answered that last bit in my first response. The tenant has NO say in how the deposit is used. It is illegal for the tenant to dictate how the deposit is used.

It does not matter that you never received a written lease. Clearly a rental agreement exists.

As I also said in my first response, he has to give you a 3 day pay or quit notice. I'm not sure whether he didn't realize this when he gave you the 48 hour notice, but he knows it now. At this point, I would agree that there is a good likelihood they plan on keeping your deposit. It also doesn't matter that he downloaded the form from the Internet. The law requires he give you such a notice. But if he did download it, then the language is probably just standard so don't be concerned about specific language (like having to respond). The only response you need to make is to pay or vacate. If you do neither, you force him to the next step which is to go to court for an eviction order.

How much longer before you are going to move out? It will take time for them to get a hearing scheduled.

I was planning to move out on the 25th, so this Sunday and move over the weekend all my belongs because next week I am going back to my country for s couple of days.. this is why I asked if I "quit" then I will have till Saturday.. although I am not fully sure about it because I read in the 3 days notice if the last day falls in weekend or holiday ( in this case saturday) then it will be the next work day so on Monday. But in my 3 days notices says I can pay all day at any time since he lives here, so I don't know if this can help me somehow.
Also I will just need one more day, but since I tell them I prefer to quit how many days do I have for moving?or it will be that 3rd day the one I will have to move?
Also if I quit could I obtain or try to my half of the deposit back writing them a formal letter?
Thank you,

Don't do anything. Just ignore the pay or quit notice. Since you were served on Wednesday, he can't go to court until Monday. By the time he gets a hearing scheduled you will be out.

So imagine I can't move out everything by Saturday and also need Sunday, could he call the police and arrest me?

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Originally Posted by canaca

So imagine I can't move out everything by saturday and also need Sunday, could he call the police and arrest me?

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No, no, not a chance. Not arrest, not throw you out or escort you out - nothing. It's a civil matter, not a criminal matter, and the police deal with crime.

He also can't lock you out, bar the door, accost you, put a lock on your room, or hold your possessions for rent.

OK perfect! Thank you so much!
About the deposit , if I ignore the 3 days notice could I still have the option to get it back? I know I am going to lose it most probably... but is there any chance?
Thank you!

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Originally Posted by ScottGem

Don't do anything. Just ignore the pay or quit notice. Since you were served on Wednesday, he can't go to court until Monday. By the time he gets a hearing scheduled you will be out.

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Thank you

He may still file suit against you for damages. Since you still owe him rent and he may find damages that the deposit should have covered they may come after you. If he does, at that point you may want to pay to avoid a law suit on your record.