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Can a lease be canceled due to a crazy roommate
Asked Jun 13, 2012, 02:41 PM
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10 Answers My granddaughter recently signed a one-year lease with a friend of hers for an apartment. Within a month her roommate began to act very strangely and her behavior soon escalated to violent. She threatened my granddaughter and did other things that were both frightening and aggressive. At one point the police had to intervene. Eventually we were able to get her to move out and my granddaughter found another roommate. The problem is, her old roommate never returned her key and the landlord refuses to change the front door lock. Their position is that the roommate signed a lease and since she has refused to sign paperwork releasing herself from that obligation, the lock can’t be changed. I find it difficult to believe that the landlord has no way to release someone from a lease when they have refused to cooperate or communicate in any way. I am frightened for my granddaughter’s safety and am wondering if there is a legal way to make the landlord change the lock. We live in California. I greatly appreciate any legal guidance that can be provided. |
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| Ok, first. Can a lease be canceled due to a crazy roommate. Since she's not a roommate or resident anymore, even if she'd break into the house and crashed everything around, I don't see how that's your granddaughter's fault. No, I don't think so. Second. If there is a legal way to make the landlord change the lock. I suppose you could visit a local PD explaining them a situation, and talk them to convince a landlord. I don't see other ways. Needless to say, I never knew a better lock then a loaded gun under the pillow. | ||||
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| The landlord is concerned that the crazy roommate might sue the landlord for wrongfully locking her out. There may be a legal way to make the landlord cooperate, but it would require the services of an attorney. My suggestion is that your granddaughter will probably find that hiring a locksmith is cheaper than hiring an attorney. Quote:
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Re-keying a lock (as opposed to actually changing the lock) is just a matter of putting new tumblers in the existing lock and cutting a new key. She should give the LL a copy of the new key if LL requests it. | ||||
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| ScottGem (Jun 13, 2012 05:29 PM):
Notaries do not necessarily know anything about the law. Police may know criminal law, not civil. Source:Notary licensing
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A police officer might perhaps have a fairly good idea whether something is a crime or not in his or her jurisdiction. He or she wouldn't necessarily have a clue about landlord-tenant law. And it's not a police officer's job to (as you suggested earlier in Post #2) try to "convince" a LL who is not breaking the criminal law. In fact that might be viewed as an improper attempt at intimidation: something the officer should be disciplined for. A notary presumably knows how to notarize a document. But, again, has no special training in any other portion of the law. | ||||
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You are new here so you may not be aware that answers in the law forums require a higher standard of accuracy and need to confirm to established statute. Please be more careful about accuracy when responding in these forums. | ||||
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