Legal Question in Landlord & Tenant Law in California

I am a co-tenant not on the lease and have paid my rent to the master tenant who does not live in the apartment and does not have authority to sub lease. We verbally agreed that I would pay him directly as a roommate when I moved in without placing me on the lease.

My life was threatened by the other co tenant in the apartment and have stayed away this past month as I feared my life but still paid my rent up until last month until I filed a restraining order and try and remove my belongings safely. I am now filing a restraining order to the other co tenant who threatened to kill me ( he is off psychiatric medication) and want to get my personal belongings with a police escort for my safety.

The Master Tenant is now demanding i pay my full rent for this new month in order to get my furnishings and belongings and threatened to sell my stuff and to change locks even though I have not been back in apartment and do not want or plan to stay because other co tenant ( who i filed a restraining order against ) whom has now been added to the lease.

I have the electric bill in my name , have keys and have been living their for over 11 months. What are my rights as a co tenant who has not been on lease and now want to move asap. Can the master tenant lock me out without going through proper procedures in California when the master lease agreements does not allow sub leasing? Can the property owner block me from retrieving my belongings even though i have been living their for 11 months and paying the master lease tenant/ I just want to get my belongings and not live their any longer for my safety.


Asked on 7/11/11, 5:56 pm

1 Answer from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

Under CA law, the landlord must let you out of your lease if you have a restraining order unless it fits one of the exceptions. Change the utilities to avoid more costs.

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Answered on 7/11/11, 8:48 pm


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