Hello...I guess I will make this as shorts as I can...but theres a lot to this mess..
I moved into a lease contract until March of 2005 with my friend and his girlfriend. We all three signed the lease. When I went on labor day vacation I came back to see my roommates had moved all of their stuff with no notice, and took whatever they felt was theirs. I found out the next day, that they had gone to one of the sales associates there, and told her they were affraid of me, in a physical manner, and that my 12 month old puppy was creating too many messes. They walked the lady through the apartment, and took pictures. I later found out that the sales associate told my roommates, that if they got a restraining order, they could possibly be released from the lease. Needless to say 3 days later, a sherriff was at my door. The three of us had our day in court, and the TRO's were dismissed with no proof at all..the judge told them they had nothing.I filed a small claims suit against them on the 7th. The day after I found out what had happened, for breach of contract. Well rent was due Oct.5th, and they did not pay. I have been in contact with the leasing company lawyers who have provided in writing that the roommates cannot unillaterally remove themselves from the lease...good right? - wrong - becuase I cannot afford the other 2/3rds' of rent, I have now been served with a 3 day notice to pay or quit. Also my court date was set for Oct.12th, and the courts granted a continuance till Nov. 9th. thus making it possible for the landlord to terminate the contract, and eleviate the roommates from the contract as well, thus killing my small claims suit. I payed my 1/3rd rent when it was due. I cannot believe that something like this can be allowed in Ca, let alone anywhere. I will be stuck with moving out, moving costs, and no suit, becuase by then the lease agreement will be terminated....
Can they get away with this?
Thanks for your help...I am desperate.