I rent one room in a 2 bedrooms apartment with a sublease contract from my roommate which doesn't say anything about the policy to follow in order to view the original (prime?) lease and the original deposit amounts. The reasons I need to see those documents is because I am under the reasonable suspicious that I was overcharged for rent, deposit and bills, meaning it wasn't a fair amount, but I'll never know unless I see the documents. Both my roommate and the landlord say I have no rights to see the documents but I made all rent payments directly to the building with checks and I even paid the application fee. What would be the laws and regulations to follow to request such documents? My roommate and my landlord refuse to cooperate and let me see the documents.
Debt Collection Attorney
You Are Not A Party To The Underlying Lease And Therefore Have No Right To View It. The Sublease You Entered Into With Your Roommate Is A Totally Separate Agreement And He May Have Gotten The Better Part Of The Bargain But You Chose To Enter Into It. If You Don't Like The Way Its Working Out Give Whatever Notice Is Required By Your Sublease.
Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.
Landlord / Tenant Lawyer
i am a San Francisco tenants' attorney. I am not certain what you mean when you say you made payments to the building. Do you mean that you paid the landlord directly, instead of paying the other occupant? If so, you may be a tenant of the landlord, not a subtenant of the other occupant.
However, if you are a subtenant of the other occupant, you can file a petition with the SF Rent Board for a rent reduction based on paying too large a percentage of the total rent. That should force the other occupant to show the lease, to prove what he is paying (ask for cancelled checks, too, so you know it is not a phony document).
This is not legal advice and does not create an attorney-client relationship. The information provided is a general statement of the law. Reviewing a case and giving legal advice to a client requires more information than can be exchanged in this format. If you need legal advice, contact an experienced tenants' attorney.
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