Roommate Abandoned Apartment - Landlord Helped.

[Iob]

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.

[Ulric]

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.

[Rikward]

Hi Adam

Landlords need paying tenants, that is their right, that is why they are called landlords.  Tenants need to pay rent on time, as outlined in their lease agreement, and if they break that lease agreement, they have to move.  Landlords are not in the business of providing free rent to tenants when their tenants have "unsolvable" problems. You are basically asking the landlord to let you stay in this apartment even though you can't pay the rent.  What about the other two thirds of the rent?  Is the landlords suppose to keep the apartment "discounted" for months? The landlord needs that apartment rented to paying tenants.  With you there, he can't rent it(and in today's difficult rental market he can't afford to let you stay there either). Did the landlord offer you a smaller apartment that you could afford(providing there was one available?) Did he say you could get "replacement" roommates to takeover the lease contract until March 2005? You need to understand that once you sued your former roommates for breach of contract, they had no incentive to complete the terms of the lease. It also is easier for the landlord to kick you all out(for breach of the lease agreement), then attempt to find and get money from your non-paying "friends". Landlords don't want to keep going to court and hold tenants to their agreements when they can easily replace them with new tenants.  

Please remember also that "this is allowed in CA" and other states because landlords cannot be made responsible for making sure their tenants living in roommate arrangements all get along or communicate the way they should. That is not their job.  Their job is to provide their tenants with reasonably clean and safe environments...that's it!

Your problem is way beyond the normal landlord/tenant problem.  It is hard for me to believe that you did not have a clue as to the difficulties between yourself and your roommates BEFORE they moved out. Was there no communication between the three of you?  Was your puppy making life miserable and destroying things in the apartment? Did they discuss this with you on numerous occasions and you either didn't believe them or just ignored it?  This was suppose to be your friend, correct?  

You need to find "roommates" real quick or move out real quick so the landlord can rent out the apartment.  You might go to the Fair Housing Authority for some advice also.  And next time Adam, don't move in with friends.  The number one rule in my Roommate Survival Guide, is: DO NOT Roommate with a friend....

Sincerely

Sylvia Bergthold

www.aroommatesurvivalguide.com