I'm in an Illigal Sublet! Break Lease?

[PWK87]

My question involves landlord-tenant law in the State of: California

Need help ASAP!

Last month after seeing me on security cam the apartment complex I sublet a room in (an Avalon Bay in San Diego) the office gave my roommate/landlord (the one on the lease with them) a notice that all tenets not on the lease need to leave, I'm not sure of the wording as he didn't let me see it, instead told me that I need to keep my head down and not talk to anyone form the office. He's friends with a girl form the office and says she's on our side, and everything will be fine. He also told them I only stay here 4 days out of the week, when in fact I live here and don't have another place to stay, so they think I'm a guest and don't know I'm a tenet. I'm worried and started looking into it, and as far I can tell this is an "illegal sublet".

What can they do to me? (I don't want an eviction)
Can I brake my lease and get out of this mess? (I have signed a written lease with my roommate)
caltenantlaw.com/breaklease.htm says

6. The person who rented it to you may not have had the right to do so, because:
a. The person was not the owner, or authorised by the owner, to lease it [a scam used by some con-men]
b. The person was an unlicensed property manager, whose contracts are void [there are many of these]
c. The person was a tenant, who was not authorized to sub-lease or assign the place to you by their rental agreement, or
d. The business entity that is supposed to be your landlord doesn't legally exist [such as a corporation, that isn't one]

Does that apply to me?
What would happen to my deposit?
At the beginning he told me to tell them I work for him and stay there for work. I don't. Does this mean I'm on the hook for this too? I didn't realise how serious this was.

What can I do???

 

[jharris352]

You need to find somewhere else to live. You do not have a lease, you have an illegal void contract. He didn't have the right to "lease" to you, and you can't lease from him. He owes you back the deposit because he had no right to take it in the first place. Now, I imagine he is going to try to keep it from you so you might have to sue him to get it. You will win.

 

[PWK87]

You need to find somewhere else to live. You do not have a lease, you have an illegal void contract. He didn't have the right to "lease" to you, and you can't lease from him. He owes you back the deposit because he had no right to take it in the first place. Now, I imagine he is going to try to keep it from you so you might have to sue him to get it. You will win.

Thank you!
Do I have to pay the rent for the month I leave? I'm looking for an attorney, he's threatening to take me to court for the rest of my lease if I leave.

 

[jharris352]

He is bluffing. No you don't owe him rent for the month you leave. Rent is paid in advance so the rent you pay on the 1st pays for the next month. He CAN'T sue you on a lease that doesn't exist. Let me rephrase that, he can sue you, but he can't win. Further, he would have to pay your costs for a frivolous suit.

Believe me, the worst you are looking at is a small claims court action. You don't need a lawyer. Just answer the claim by saying that he didn't have the right to lease the property to you in the first place. Bingo, dismissed.

Go find somewhere to live. He can't do anything to you.