S: Messy Lease

[StonedWheat]

I signed a lease to rent a room in a house back in September. I'm trying to get out of it because the primary lease holder (Helen)screwed us over and moved out. She did find a replacement for her room, but me and the other roommate totally did not agree to him living here. First of all he has a cat, when the lease states "no pets allowed- except semi" (semi was the primary lease-holders dog). Secondly, the new guy has filled up the entire house with his belongings. (he put my kitchen table in the backyard and rearranged the whole house to his liking). Thirdly, the guy had a hemmorage in his brain and isn't all there. He told me himself that he has the intelligence of an 8th grader based on govt. tests. He gives me headaches cus he talks so damn much. It's basically an unbearable situation for me.

Now the landlord won't let me get out of the lease. He says that even if I move out, I'll still have to pay my share ever month until sept. If i don't, Helen told me that the fine is $500 (which can't possibly be right). The landlord never even gave me a copy of the lease, so I don't know if that's true. He's threatening me with a collections agency, and won't even let me buy my way out of the lease with my deposit, which was one and a half times the rent. I think the landlord is just hard up for money cus he got into an accident recently and is paying off medical bills. He wrote me a gift check for $100 for christmas, which was an extremely nice gesture, but when I cashed it, the check bounced!!! That's was amazing to me considering we pay him $2k every month.

So I was thinking of using the line in the lease that said "no pets allowed- except semi") to get out of the lease. Since that part of the lease was broken because the landlord indirectly approved of the sub-leaser, the lease is no longer valid. I know nothing about law, and I don't even know if that document binds him to the agreement as much as it does me. I hope that argument is enough to release me from this lease. Also, I think i read somewhere that the roommates have to approve of the person who is subleasing. If that's true then I hope I get my deposit back and get out of the lease. Arrrrgh what a mess!

[ufcrusher]

Caveat: This is not legal advice, do not construe it as such. Use at own risk

First off, you said that there is a primary tenant and that you are just leasing a room. Does this mean that she is actually the real tenant and that you signed an individual lease with her. The reason I am asking is that if that is the case, then there is nothing you can really do. If this is the case, then the reality is that she (and now he) is the holder of the lease and it is freely transferable, just as if an apartment complex was sold to another owner. If this is true, then you are SOL because the lease was drafted by the woman who moved out and has no bearing on the lease of the house as a whole. The provision concerning no pets, would have no bearing on your lease because he is not held in check by your lease, only the original lease with the home owner holds them in check.

On top of that if a landlord has knowledge of a breach of the lease terms and doesnt raise it, then that term is considered permanently waived and cant be raised again. (At least that is how it works with terms such as subleasing and assigning and other general landlord/tenant issues...although I didnt specialize in Landlord/tenant law)

Now if you had an agreement with the original girl that she wouldnt sublease out without your permission, then that would give you valid grounds for moving out.

In terms of him moving your stuff around, if you are paying rent and he is preventing you from utilizing the house in a normal method, then you could bluff that he is oustering you. The problem with this is that since he is not physically preventing you from actually entering the house it is not technically ouster. If the people dont actually no the law or consult an attorney, then they may fall for the bluff and let you out.

Another note, and this one is probably more helpful, would be for you to claim that you have been constructive evicted from parts of the house. You are basing this on the fact that you are unable to use the house as a normal person would (such as moving your table and throwing it in the yard)...with constructive eviction you can either prorate your rent to reflect the difference in value or if it so defeats the purpose, then you can stop paying altogether.

You do have legal "warranties" as to your lease, which can be alleged if the conditions get bad enough. First thing you need to do, is figure out who your lease really is with. Then, if you determine that you are on the original lease then you can dispute the change since you didnt sign a form to change the original document. If you have a secondary lease, then you are sol.

Good luck.

[Jihforce]

http://www.dca.ca.gov/legal/landlordbook/catenant_download.pdf

this should give you a little insite hopefully.
I'd look for the tenants handbook if you get the chance.

Good luck!

[oblongmelon]

call the attorney general's office in your area-they will direct your call to either the local tennants union in your area or an attorney who works pro-bono or very very cheap on matters like these. Oh, and when you DO move out-make sure you take a video or still pictures of every wall, floor,window..and bring 3 reliable witnesses with you to view the condition of the place when you go..some landlords have a way of knocking holes in the walls and busting stuff up when people move out so they can take you to SCC.

[mcs328]

Can you sue (civil and legal) someone who physically prevents you from entering your own house or shared apt? My gf and I are suing for the initial deposit back but we can't physically server the wench b/c she escapes being served. I would like go a step further if legally possible and have her arrested or something for preventing my gf from moving out by changing the locks when my gf still lived there and having the other girls parents there physically blocking her from entering the apt. I have a police report of the complaint. Ideas?

[styleee]

Originally posted by mcs328
Can you sue (civil and legal) someone who physically prevents you from entering your own house or shared apt? My gf and I are suing for the initial deposit back but we can't physically server the wench b/c she escapes being served. I would like go a step further if legally possible and have her arrested or something for preventing my gf from moving out by changing the locks when my gf still lived there and having the other girls parents there physically blocking her from entering the apt. I have a police report of the complaint. Ideas?

if that is the case, and you can document it, then you should SUE SUE SUE away... there is NO WAY they can win. that is completely illegal. in court, a tenent is always right. (or almost always i should say.) and what they did is wrong on more levels than one. you really should talk to a lawyer about it.