Legal Question in Landlord & Tenant Law in California
co-tenants, one breaking lease
My roomie and I signed 1yr lease. She gave me 3 weeks notice that she was moving out. I posted ads on the local craigslist, I showed the apt to approx. 20 people. One filled credit application. The landlord is unable to run her credit because it requires some pin #. Regardless the situation is this....the manager refuses to give katie my roomie her deposit back ($1000) we each paid 1000. Our monthly rent is 2500.00. The landlord told me she is going to change the lease so that I am the only lessee, and whoever takes kayies place is simply an occupant. Katie is demanding the name and # of the new tenant so she can collect her security deposit. The thing is, thre is only 2000 on the books now. If the new occupant (whos credit has not neen run) decides to do the same to me!!! we are 4 months into a year lease. I am taking the occupants deposit and putting it in an escrow acct with my bank. the landlord wrote me and said it was at my discretion if I wanted to give katie any of the new occupants deposit. first of all we need to have the room professionally cleaned, and front door re-keyed. the landlord said that would not be coming out of katies deposit because it does not benefit her.
I definately need guidance
1 Answer from Attorneys
Re: co-tenants, one breaking lease
You need a lot of help here.
I assume the one year lease is up (which is missing in your facts statement). If that is not the case, ignore my answers and e-mail my office, or post this question again.
If the landlord changes the lease, you, alone, are responsible for the $2,500 (if "occupant" fails to pay).
The landlord should return Katie's deposit within 21 days unless there are damages, unpaid rent, or cleaning is necessary.
Katie has no legal right to ask new occupant for a penny!
If you are four months into a first year lease, all the above is changed.
The cleaning and re-keying are separate issues. The premises should be left as clean as when you moved in, and, if not, at move out you are responsible for professional cleaning.
Re-keying depends on how far you are into lease (i.e. 4 months or 16 months).
Because of the technicalities involved, you probably should retain a landlord tenant attorney, even if only for writing a strong letter to the landlord. You are overmatched in dealing with this "miser".
Good luck!
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