Legal Question in Landlord & Tenant Law in California
Roommate Woes
Three of us signed a lease in May, and our roommate's grandmother was our co-signer. It is myself, my boyfriend and another girl. Things have come to an end with our friendship and we would all like her to move out. Can she just take her's and her grandmother's name off the lease? We would like to stay in the house, and can afford it alone or we could get another roommate. What is the best way to go about this?
2 Answers from Attorneys
Re: Roommate Woes
Because you say "Can SHE just take HER and her grandmother's name off the lease," it seems that all three tenants want the same thing.
Thus, the best way to handle this is to approach your landlord together and propose a lease modification.
Re: Roommate Woes
You can't take her and grandma off the lease, unless landlord is in agreement. Therefore, the first thing you need to do is discuss this with landlord. If landlord agrees, fine, if not, you have an additional problem.
You also need to negotiate with the outcast roomie.If she is willing to leave, fine. If not, you need to evict her, and you need a reason, if the reason is not non payment of rent. The problem is that she has exactly the same right to be a tenant as you do.
You have a relatively complex situation that requires consent from both the landlord, and your unwanted roommate.
Good luck!