Legal Question in Landlord & Tenant Law in California
I moved into a house 4 months ago, where I signed a lease with the woman renting the house. Our agreement was to a 45 day notice if I was to move out. HOwever, later we both ended up signing a one year lease with the landlords of the house. I have recently become fed up with the allergies I am having to some environmental factor in the house, and can no longer remain in that situation. I spoke with the landlords, who said, 'of course you can leave, if you are having allergies.' Then I gave my courtesy 45 day notice to my housemate, who flipped out, telling me that I am legally bound to pay for the rest of the year lease. She said that because it is my responsibility to find another person to take over the lease that she finds acceptable, she informed me that she isnt willing to live with anyone else, and therefore will not find another roomate accpetable, meaning that I will be unable to cover the rest of my lease with the landlords.. Is she correct? Or is she just threatening me because she feels rejected? I told her I am willing to make a craigslist posting and refer all responses to her, and 45 days is more than enough time to find someone decent to move in.. Any advice would be great! Thank you!
1 Answer from Attorneys
Your question describes two contracts, but the real issue is whether there is a third. First, you had an oral agreement with your roommate, when you first moved in. Then, that agreement was replaced with the one-year lease between the two of you and the landlord. The question is whether you and your roommate had an oral agreement that each of you would pay your portion of the rent, during the entire term of the one-year lease.
If your landlord lets you off the hook, that's great for you. If there is this third contract (oral agreement between you and your roommate), you may still have liability to your roommate. Here's a couple of issues to consider.
1. Your roommate needs to mitigate damages. You have offered to help her find a new roommate. She needs to act reasonably in that effort. If you find a suitable replacement for yourself and your roommate refuses to allow the substitution, it will be difficult for your roommate to claim that you caused her any damages.
2. Will the landlord reduce your roommates rent, until she finds a new roommate? Often, a landlord will take less, as an incentive to keep a good tenant.
3. While it was nice that you gave your roommate 45 days notice, it's probably the case that you did not need to do so. The agreement that included the 45 day notice provision was most likely replaced by the written lease.
The key, here, is whether your roommate will sue you, under the "third contract." It's always better to reach an agreement, rather than litigate. Perhaps, with the landlord's assistance, you can get a new roommate, without imposing any hardship on your former roommate.
Good luck.
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