Legal responsibility as under the table subleaser?

[Haakon]

What is the name of your state (only U.S. law)? California.

I subleased a room in a house with 6 other tenants. The guy I subleased from wrote up a few lines stating that I would be responsible for the security deposit ($700) and the monthly rent, and we both signed it. I paid the rent to one of the tenants, who collected everyone's money each month and paid it to the landlord. As far as I know, the landlord was unaware that I was occupying the room instead of the subleaser.

By the end of the year, the property had suffered some damage, attributable primarily to a single individual. After we moved out, the landlord sent a bill to everyone on the lease (not me) with charges for repairs. These charges, which were very high, were in addition to our forfeited security deposit.

The subleaser is now trying to pressure me into signing a new statement, which says I am [EDIT] retroactively to be placed on the original lease in his place.[/EDIT] I'm wondering what my legal responsibility in this situation is? I'm hesitant to sign anything, because I'm worried about being held legally accountable for damages that I wasn't responsible for in the first place. (Of course, he wasn't responsible for these damages either...)

 

[sandyclaus]

Sounds fishy to me

What is the name of your state (only U.S. law)? California.

I subleased a room in a house with 6 other tenants. The guy I subleased from wrote up a few lines stating that I would be responsible for the security deposit ($700) and the monthly rent, and we both signed it. I paid the rent to one of the tenants, who collected everyone's money each month and paid it to the landlord. As far as I know, the landlord was unaware that I was occupying the room instead of the subleaser.

By the end of the year, the property had suffered some damage, attributable primarily to a single individual. After we moved out, the landlord sent a bill to everyone on the lease (not me) with charges for repairs. These charges, which were very high, were in addition to our forfeited security deposit.

The subleaser is now trying to pressure me into signing a new statement, saying that I am responsible for paying any damages incurred during my stay there. I'm wondering what my legal responsibility in this situation is? I'm hesitant to sign anything, because I'm worried about being held legally accountable for damages that I wasn't responsible for in the first place. (Of course, he wasn't responsible for these damages either...)

First of all, DON'T SIGN ANYTHING ABOUT BEING RESPONSIBLE FOR THOSE DAMAGES. Why on earth would you open yourself up to being sued by that tenant for his share of those damages when you know you didn't cause any of it?

Second, the LL couldn't sue you for the damages since he didn't even know you had been subleasing there. He is suing all of his tenants because they all signed the lease and all are liable for any damages, whether caused by themselves, or their guests, or their sublessees. He'll hold them all accountable and let the tenants sort it out. If his tenants don't pay up, he will sue them all and let the judge sort it out.

 

[Haakon]

Thanks for the reply. It seemed fishy to me too. The only way I would sign is if they could sue me to get the same result.

One follow-up question. The landlord sent the charges to a collection agency, and the tenants are all worried about the unpaid charges going against their credit. Could this happen? Is there some process (court?) the LL must go through to justify the charges before everyone's credit is put at risk?