Legal Question in Landlord & Tenant Law in California

Rental Agreement Dispute

Our college age daughter signed a 1 yr rental agreement with 2 other college students and we and the other parents co-signed. Single agreement treating all three as equals. Advance payment was first month rent and security deposit equal to one month rent. Move in day, the other two roommates claimed two larger rooms (168 and 160 sq ft, walk in closets, A/C), our daughter got stuck with smaller (96 sq ft, 8 sq ft closet) room. We tried to negotiate a fair sharing of the bigger rooms or distributing rent responsibility based on sq ft. We offered to pay more for one of the larger rooms. They were only willing to keep the bigger rooms and reduce the rent by far less than fair amount. The other roommates and parents wouldn�t talk to us and said she should leave if she couldn�t live with that. The landlord, who we called immediately, told us to work it out or have the other families release us (in writing) from the rental agreement. We tried this but they still want us to pay, we would like our money back. Daughter never moved in. What advice can you give us? Should the LL have been setting room rents based on sq ft?


Asked on 6/29/07, 3:54 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Rental Agreement Dispute

You have a valid contract which will be difficult to break. The landlord isn't going to let you "off the hook", because he can collect for a year, if you default. Ditto with the other two sets of parents.

Despite the unfairness based on size, you signed a contract, and later changed your mind.

Legally, you can either: (1) have your daughter move in, at an unfair price; (2) see if the landlord will permit you to sublet it, and bring in another tenant to replace your daughter; (3) refuse to pay and let the landlord take you to court (not a good idea); (4) have an attorney write a strong letter to landlord demanding setting the rent based on square feet, and closet space.

I prefer the latter. It will at least let kandlord know you are serious, and if seeks counsel from his attorney, he may well be advised to reach some sort of compromise.

Please e-mail, or call, if you need further advice.

Good luck!

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Answered on 6/29/07, 4:47 pm


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