Help me get out of this terrible living situation
January 20, 2012 3:15 PM Subscribe
How legitimate is this lease? (California)
I moved into this place a couple months ago and signed a six month lease. It's the upstairs floor of a house. Essentially, it was just a piece of paper printed out by someone that was renting a house from the owner. He has a year lease with the owner and I moved in as roommate. The "lease" has my name on it, his name on it, the address, and the amount I owed per month.
Long story short, the situation sucks ass. So I am moving out. I assumed that since this is a sublease, I would only have to give him 30 days notice. He claims that if I leave, I am liable for the whole six months anyway.
Is there any way I can get out of this lease?
I moved into this place a couple months ago and signed a six month lease. It's the upstairs floor of a house. Essentially, it was just a piece of paper printed out by someone that was renting a house from the owner. He has a year lease with the owner and I moved in as roommate. The "lease" has my name on it, his name on it, the address, and the amount I owed per month.
Long story short, the situation sucks ass. So I am moving out. I assumed that since this is a sublease, I would only have to give him 30 days notice. He claims that if I leave, I am liable for the whole six months anyway.
Is there any way I can get out of this lease?
Does it actually say that on the piece of paper you signed? He can't just make up conditions out of the blue, in any case.
posted by XMLicious at 3:23 PM on January 20, 2012
posted by XMLicious at 3:23 PM on January 20, 2012
Response by poster: I actually can't find the lease I signed, but I'm pretty sure that it does say that, but not much else. It's very short.
Possibly relevant: he's been making me pay more than the original amount since my girlfriend moved in, something I've been doing because I didn't have much choice at the time (I couldn't more out).
I am in LA
posted by garuda at 3:31 PM on January 20, 2012
Possibly relevant: he's been making me pay more than the original amount since my girlfriend moved in, something I've been doing because I didn't have much choice at the time (I couldn't more out).
I am in LA
posted by garuda at 3:31 PM on January 20, 2012
do the conditions rise to lease-breaking? Health? Safety?
posted by zippy at 3:33 PM on January 20, 2012
posted by zippy at 3:33 PM on January 20, 2012
Response by poster: do the conditions rise to lease-breaking? Health? Safety?
Not really. My roommate just is being a real asshole about alot of things and he is really annoying to live with in a tight space. Also, we both got jobs far away, so the commute is killing us. It's an all-around sucky situation, but it might not be so bad that I am legally allowed to move out.
posted by garuda at 3:35 PM on January 20, 2012
Not really. My roommate just is being a real asshole about alot of things and he is really annoying to live with in a tight space. Also, we both got jobs far away, so the commute is killing us. It's an all-around sucky situation, but it might not be so bad that I am legally allowed to move out.
posted by garuda at 3:35 PM on January 20, 2012
It might be worthwhile to insist on getting a copy of his lease to see if anything in it would prohibit what he's doing and void your agreement with him. IANAL
posted by XMLicious at 3:56 PM on January 20, 2012
posted by XMLicious at 3:56 PM on January 20, 2012
I actually can't find the lease I signed, but I'm pretty sure that it does say that, but not much else. It's very short.
Um, do either of you have a copy? Tell him you don't remember the wording of the lease and ask him to show you the copy you signed. If he doesn't have it, the whole issue would be moot. If he does have it, you're in a better place for finding out what legal weight it has.
One possible solution, by the way, would be for you to handle finding a replacement sublessee.
posted by yoink at 4:16 PM on January 20, 2012
Um, do either of you have a copy? Tell him you don't remember the wording of the lease and ask him to show you the copy you signed. If he doesn't have it, the whole issue would be moot. If he does have it, you're in a better place for finding out what legal weight it has.
One possible solution, by the way, would be for you to handle finding a replacement sublessee.
posted by yoink at 4:16 PM on January 20, 2012
MoonOrb, a lodger is "a person who lives in a room in a house where the owner lives." If garuda is renting from his housemate, who is renting from the owner, then he's not a lodger to either the housemate or to the owner. (This is a good thing to be aware of because lodgers have fewer rights than regular tenants...)
posted by needs more cowbell at 4:38 PM on January 20, 2012
posted by needs more cowbell at 4:38 PM on January 20, 2012
Response by poster: Hmmm, reading the regulations for lease agreement, I have a few things going for me here, at least:
-The lease definitely didn't disallow me from subletting.
-He can't legally raise the rent on me. He did this and I can prove it with the checks I wrote him.
-He didn't disclose lead-based paint (nitpicky I realize, but that's an obligation)
Whatever happens, I've definitely learned a lesson here (I hope!)
posted by garuda at 4:47 PM on January 20, 2012
-The lease definitely didn't disallow me from subletting.
-He can't legally raise the rent on me. He did this and I can prove it with the checks I wrote him.
-He didn't disclose lead-based paint (nitpicky I realize, but that's an obligation)
Whatever happens, I've definitely learned a lesson here (I hope!)
posted by garuda at 4:47 PM on January 20, 2012
-He can't legally raise the rent on me. He did this and I can prove it with the checks I wrote him.
Ummm... you moved your girlfriend in? Id say you violated the lease first by doing that and you both agreed verbally to an amended lease based on that.
posted by fshgrl at 5:14 PM on January 20, 2012 [4 favorites]
Ummm... you moved your girlfriend in? Id say you violated the lease first by doing that and you both agreed verbally to an amended lease based on that.
posted by fshgrl at 5:14 PM on January 20, 2012 [4 favorites]
Best answer: Dial back the drama, bro. That's not going to get you out the door efficiently, as tempting as it is.
Put an advert on Craigslist and the like, find someone new to move in. You move out. Done.
Propose this solution to your roommate. If you are reasonable, he will be, too.
When people ask why you are moving out, it's so that you and your GF can have your own place, and to cut down on your commute.
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BTW, if one of my roommates moved their SO into our shared space, they would definitely be paying more rent. And I'd be uncomfortable with the extra person around. It's not reasonable for you to expect that your GF could move in for free. So while your roommate may be kind of an asshole, maybe you guys are butting heads over unreonable expectations on both of your parts?
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In roommate situations, often the person who wants to leave early finds their replacement. If you end up in small claims court, this won't go entirely well for you. Your better bet is to take responsibility for wanting to leave early by actively seeking your replacement.
Create some peace between you and this guy as you leave this living situation. Do this by accepting responsibility for moving out early. If you choose this route, it will be cheaper and easier for you in the long run.
Good luck.
posted by jbenben at 5:16 PM on January 20, 2012 [4 favorites]
Put an advert on Craigslist and the like, find someone new to move in. You move out. Done.
Propose this solution to your roommate. If you are reasonable, he will be, too.
When people ask why you are moving out, it's so that you and your GF can have your own place, and to cut down on your commute.
-------
BTW, if one of my roommates moved their SO into our shared space, they would definitely be paying more rent. And I'd be uncomfortable with the extra person around. It's not reasonable for you to expect that your GF could move in for free. So while your roommate may be kind of an asshole, maybe you guys are butting heads over unreonable expectations on both of your parts?
-------
In roommate situations, often the person who wants to leave early finds their replacement. If you end up in small claims court, this won't go entirely well for you. Your better bet is to take responsibility for wanting to leave early by actively seeking your replacement.
Create some peace between you and this guy as you leave this living situation. Do this by accepting responsibility for moving out early. If you choose this route, it will be cheaper and easier for you in the long run.
Good luck.
posted by jbenben at 5:16 PM on January 20, 2012 [4 favorites]
If the renting-the-house guy isn't paying more to the real landlord for subletting to the OP I should hardly think he could legitimately complain about the OP doing the exact same thing in inviting the girlfriend to stay there.
posted by XMLicious at 5:27 PM on January 20, 2012
posted by XMLicious at 5:27 PM on January 20, 2012
Wait, is this lease between you and your roommate, from who you are subletting? Nothing with the landlord? (This sounds like subletting to me, not lodging.) AFAIK, and I am not a landlord or in your state, breaking a sublease can have just as many penalties as breaking an primary lease (you leasing from the landlord) - someone has to write them in, sure, but if you broke a primary lease on an apartment you'd be liable for something. Subleases tend to be but don't have to be more flexible.
If nobody has a copy of the lease, just move out. The fact that you paid the increased rent basically makes it a non-issue whether it's legal for him to raise it or not, especially since you moved another occupant in. But the classier move would be to at least attempt to find a sub-lessor to take your place.
posted by sm1tten at 6:01 PM on January 20, 2012
If nobody has a copy of the lease, just move out. The fact that you paid the increased rent basically makes it a non-issue whether it's legal for him to raise it or not, especially since you moved another occupant in. But the classier move would be to at least attempt to find a sub-lessor to take your place.
posted by sm1tten at 6:01 PM on January 20, 2012
IANA landlord tenant lawyer in the LA area, but one of my closest friends is, and talks my ear off about this stuff all the time. So:
"I assumed that since this is a sublease, I would only have to give him 30 days notice"
Based on what?
"He claims that if I leave, I am liable for the whole six months anyway."
Not exactly true. He has to try to mitigate and fill the room you left empty. He can't just sit on his ass and collect four months of rent from you. You would only be responsible for the rent until someone else moved in. Easiest solution is to find a replacement roommate.
"Possibly relevant: he's been making me pay more than the original amount since my girlfriend moved in, something I've been doing..."
In court he would say you accepted the rent increase and would have proof that you paid it. Sorry.
"I actually can't find the lease I signed"
Even if neither of you can produce the piece of paper, the lease is probably still enforceable since a six month agreement clearly existed between the two of you.
You could always just stop paying rent, leave, and gamble that he won't take you to small claims court. The kind of person who doesn't get a lease in writing is probably also the kind of person who'd be too lazy to take you to court, even though he has a strong case.
The path of least resistance is to just find a new person and be done with it.
posted by hamsterdam at 6:24 PM on January 20, 2012 [1 favorite]
"I assumed that since this is a sublease, I would only have to give him 30 days notice"
Based on what?
"He claims that if I leave, I am liable for the whole six months anyway."
Not exactly true. He has to try to mitigate and fill the room you left empty. He can't just sit on his ass and collect four months of rent from you. You would only be responsible for the rent until someone else moved in. Easiest solution is to find a replacement roommate.
"Possibly relevant: he's been making me pay more than the original amount since my girlfriend moved in, something I've been doing..."
In court he would say you accepted the rent increase and would have proof that you paid it. Sorry.
"I actually can't find the lease I signed"
Even if neither of you can produce the piece of paper, the lease is probably still enforceable since a six month agreement clearly existed between the two of you.
You could always just stop paying rent, leave, and gamble that he won't take you to small claims court. The kind of person who doesn't get a lease in writing is probably also the kind of person who'd be too lazy to take you to court, even though he has a strong case.
The path of least resistance is to just find a new person and be done with it.
posted by hamsterdam at 6:24 PM on January 20, 2012 [1 favorite]
This thread is closed to new comments.
posted by desjardins at 3:16 PM on January 20, 2012