Legal Question in Landlord & Tenant Law in California

Hi. Don't think this has the potential to be the trial of the century but my daughter, "Betty", and I need a legal perspective on a tenant issue. She is a student, currently living in OC. In July, she entered into a lease for a two bed/bath apt. with 3 other young women. Unfortunately, her two "friends", sharing one bedroom, found a roommate for Betty who has proven to be the "psycho roommate from hell." No physical abuse, but a lot of the psychological type. The other roommates, fearing Psycho, would not back my daughter up and ask her to leave. Of course, this went on and became unmanageable. Finally, last week, my daughter told the "friends" that she would have to go. She would be looking for a new roommate to assume her 1/4 of the rent. We put out an ad on the local college website. An interested student contacted my daughter. The "friends" rejected the candidate without seeing her, because she was "too young." They then decided 1)that they didn't want Psycho around (even though Psycho wanted to bring a friend in to take over Betty's share of the rent,) 2)that they wanted Psycho out, and 3) they only wanted one roommate (to assume 1/2 the rent.) The women had an apt. meeting and asked Psycho to leave. My daughter did not take part in that, she told them it wasn't her concern because she'd be gone anyway. Now the "friends" are insisting that Betty is responsible for 1/2 the rent, must advertise for 1/2 the rent. My feeling is that this could go on for quite a while as 1/2 the rent is $1200 and fewer students would want to spend that and "friends" are going to be "cherry picking" the candidate! Meanwhile, we have found a new apt situation for Betty, possible move in is Oct. 1. Today, she will formally submit a letter to management giving a 30 day notice. "Friends" are pressuring her. She is beside herself. What are our options? P. S. We are not made of money! However you might help would be appreciated.


Asked on 9/22/15, 7:23 am

1 Answer from Attorneys
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

Your daughter is obligated under the lease for the full term of the lease. If she leaves, unless the landlord lets her out of the lease, she will be equally responsible for the rent until she finds a new tenant to take over her share. If she leaves, the other roommates will be required to pay the full rent and could sue your daughter for her share. Since the original agreement was that the rent would be based on 4 people living there, the others could not change those terms without everyone agreeing. So your daughter's exposure is probably no more than 1/4 of the rent for the rest of the lease term.

Giving notice to management may not be a good idea. That would be a breach of the lease. The girls need to work this out. They all have liability under the lease. If they end up on the wrong side of an eviction lawsuit, it will be on their records and good make it difficult to rent in the future.

Talk to a local landlord tenant attorney or a tenant rights organization. Maybe get all the parties together to figure out a solution. But your daughter just moving out is going to create problems for her and everyone else.

Read more
Answered on 9/23/15, 7:43 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California