If a roommate decides to break a month to month lease with the landlord, does the roommate have the legal right to break the one year lease agreement that they made with the other roommates?

My roommate and I contacted a third renter, who joined our month-to-month lease with the landlord. Realizing that either roommate could leave by giving a 30-day notice, and leave the other two to split the bill... we all agreed to stay in the apartment for the term of one year. Does the third renter have the right to end the lease early (with no good reason)? Will our case stand up in court?

ballengerb1

Ok you actual agreememnt with the LL is a month to month but you three agreed to stay there for a full year, right? Was your 3 way areement to stay put in writing? I think the person who left certainly had that right from the LL point of view. He also has not damaged you two in any fashion so you have no damages to claim in court.You said it yourself, "Realizing that either roommate could leave by giving a 30-day notice, and leave the other two to split the bill... "

ScottGem

the key is whether you have proof that you all agreed to to stay for one year. If you do, then you can hold any of the renters to that agreement. However, if the landlord decided to terminate it before the year was up, it would void the agreeement.

However, you are required (unless you are in FL) to make a good faith effort to replace the roommate. She will only owe rent up to the time you find a replacement.

prettigurl717

We have an agreement in place to protect any parties from someone terminating the LL early. The point of the agreement, which the roommate does not dispute, was to hold each other to the lease despite the monthly terms. We found a roommate who could not move in until the end of our already in state, roommate agreed 1 year term. The landlord did not terminate our agreement.

I just wanted to make sure that there are no laws in CA that say roommate agreements are not viable if there is another lease agreement (with LL) in place.

ScottGem

Often, to provide help to questions asked, we need to ask for additional information. If you don't give us the answers to those questions it gets harder to help. You were asked twice if the agreement was in writing, yet you didn't answer that.

As to your question about the agreement being viable, it is as long as the landlord continues to keep your lease on a month to month basis. I thought I had answered that. If the landlord decides to terminate your lease that would void any agreement between the roommates on a term of the agreement. But nothing prevents you from entering into such an agreement and enforcing it as long as you occupy the unit.

prettigurl717

1. The agreement was verbal, on tape, and acknowledged in emails.

2. The third roommate moved out 1.5months prior to the termination of our 1 year agreement.

3. I don't think the first person read my question correctly. THe whole point of setting up a 1 year agreement was to remedy the landlords month/month lease and provide security for everyone for one year.

4. The damages are 1.5 months of that persons share of rent.

** My main concern was whether or not the roommate had the right to disregard our roommate agreement because there was also a LL lease. We are taking him to small claims court, and think we will be successful, because he broke our agreement, and left us to pay the damages.

ScottGem

I agree. As I said, the only thing that would void your agreement was if the landlord terminated your occupancy. The month to month nature of the tenancy should have no affect on your agreement.