I'm a college student and recently, there has been some issues which I am taking a year off from university. Before this happened, I signed an annual contract with the landlord, stating that if I terminate the contract, I'll have to find someone else.

The problem begins here.

About 2 months ago, I posted online and school search site, looking for someone to take over my lease for the current academic calender. When I visited the place, I met my friends' friend, Fred, whom was very nice and associative. So, the room-mates didn't complain about anything and I found this awesome guy named Ryan. Ryan has already graduated from an university with a degree in biology; he plans on going to my university to get a degree in wine-making/viticulture.

I phoned up Fred and told him I found someone pretty cool and responsible. Fred proceeds to tell me that he needs to talk with the other room-mates and I gave him a few days. After a little after two days, I call up Fred and he said the other room-mate, Nick, doesn't want Ryan because he is not Asian. I was stupefied and said "I'm sorry but I can't accept racism here. It's illegal to discriminate due to color" and Fred told me he'll talk to Nick again. Fred took about four days and finally, we spoke once more on the phone; he said Nick still does not want the guy in the place and they'll find someone else to take over. I was mad because they can't accept others due to color.

I call up the landlord, Ray, and told him the situation with Nick not accepting other room-mates due to color. At first, we were good bonding with the situation but he turned into a rotten apple. Ray agreed with me, but he said "you know, I agree with you BUT ITS UP TO THE ROOM-MATE TO DECIDE IF HE GETS TO LIVE HERE OR NOT." Ray told me that I caused a big trouble for everyone and others have to look for a new room-mate because of me which I agree, but the even more compelling is he blames me for everything and tells me I'm not getting any deposit back whatsoever. He also blames me that I CAUSED him to go look for people. Then he hung up on me. I called Fred once more to tell him this situation IS NOT A PRETTY SCENARIO and told him what Ray has told me.

*sigh* I called Ryan and told him everything that happened.


So guys/girls with law knowledge.

What can I do?
Is this open for petition in court?
How can I deal with this?

No one D:

*sigh* this is frustrating

You stated it's your lease yet you are letting your roommate(s) (ie. Sub-tenants) dictate who can and cannot assume the lease. If it is indeed your lease choose whomever you want and evict your roommate(s).

If your roommate(s) are on the lease with you then the dynamics are different.

As for your deposit there are two ways to handle it.

1. You ask the person assuming your lease to give you an equivalent amount so that they are in effect buying the deposit already on account.

Or

2. You have the person assuming the lease give the landlord their own deposit in which case the landlord ought to return your deposit (the landlord ought not to have two deposits).

P.S. Your all red text is very hard on the eyes.

As long as all of you are on the lease, your roommates do have some say in who they will accept as your replacement. They are the ones who are going to have to live with the person, and it doesn't really matter why they don't like the guy you picked. Especially since they have said that they will find someone to take your spot. Which may very well be code for "we have this friend that we have talked to already who wants to move in."

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Originally Posted by froggy7

As long as all of you are on the lease, your roommates do have some say in who they will accept as your replacement. They are the ones who are going to have to live with the person, and it doesn't really matter why they don't like the guy you picked. Especially since they have said that they will find someone to take your spot. Which may very well be code for "we have this friend that we have talked to already who wants to move in."

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They said they have people looking at the room, but I have Ryan who is already interested in the room and wants to take it.

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Originally Posted by Justice Matters

You stated it's your lease yet you are letting your roommate(s) (ie. sub-tenants) dictate who can and cannot assume the lease. If it is indeed your lease choose whomever you want and evict your roommate(s).

If your roommate(s) are on the lease with you then the dynamics are different.

As for your deposit there are two ways to handle it.

1. You ask the person assuming your lease to give you an equivalent amount so that they are in effect buying the deposit already on account.

or

2. You have the person assuming the lease give the landlord their own deposit in which case the landlord ought to return your deposit (the landlord ought not to have two deposits).

P.S. Your all red text is very hard on the eyes.

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That is the one thing I was trying to get through their thick-skull, racist manner. I said "it's my room and I can put whoever I want it. If you don't like him due to RACE, I'm sorry but that is not a good explanation."

Hmm.... the landlord refuses to give back my deposit and I told him that I found Ryan who is decent and I won't tolerate racism.


Sorry about the red =/

Okay, we think you need to clarify what your lease is for. Is it for an entire apartment or house or only a room and if its only a room who has control over the common areas?

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Originally Posted by Justice Matters

Okay, we think you need to clarify what your lease is for. Is it for an entire apartment or house or only a room and if its only a room who has control over the common areas?

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Just the room.

Bathrooms, living room, kitchen etc. are shared.

hjpan said,"that is the one thing I was trying to get through their thick-skull, racist manner. I said "it's my room and I can put whoever I want it. If you don't like him due to RACE, I'm sorry but that is not a good explanation."

Hmm.... the landlord refuses to give back my deposit and I told him that I found Ryan who is decent and I won't tolerate racism."

While your ideals are admirable, there are hoops to jump through. What exactly does your lease say? What are your rights in this situation? Even if your roommate is being a total jerk, the rules must be followed.

Jump through the hoop, even if it is on fire. Abide by the laws and demand that they do also. Later, you may be the one who is instrumental in redefining such lease agreements to eliminate racism.

Quote:

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Originally Posted by hjpan

That is the one thing I was trying to get through their thick-skull, racist manner. I said "it's my room and I can put whoever I want it. If you don't like him due to RACE, I'm sorry but that is not a good explanation."

Hmm.... the landlord refuses to give back my deposit and I told him that I found Ryan who is decent and I won't tolerate racism.


Sorry about the red =/

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I'm going to be brutally frank here - this is not the first time you've posted the race card, although not on this site. They are the racists; you are the savior.

Sorry, I'm not buying it.

If I believe any of this - you want out. What do you care who the new roommate is, or why? This is not the time to be a crusader.

I agree with Judy, this seems odd. Are all of your other roommates Asian? If not, then why do they have such a strong preference for Asian-only roommates?

As others have said, your lease should outline who gets the ultimate say in whether someone else can move in. Technically, your landlord should have the final say but it sounds like he's leaving it up to the roommates. Personally, I think you're going to need to keep looking.

You're complaining that the landlord is blaming you... why shouldn't he? He didn't ask you to move; you made that decision. As for your security deposit, that should also be outlined in your lease as to whether it is returnable. Your state also has laws which protect your security deposit, so you may want to check into that as well.

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Originally Posted by this8384

I agree with Judy, this seems odd. Are all of your other roommates Asian? If not, then why do they have such a strong preference for Asian-only roommates?

As others have said, your lease should outline who gets the ultimate say in whether or not someone else can move in. Technically, your landlord should have the final say but it sounds like he's leaving it up to the roommates. Personally, I think you're going to need to keep looking.

You're complaining that the landlord is blaming you...why shouldn't he? He didn't ask you to move; you made that decision. As for your security deposit, that should also be outlined in your lease as to whether or not it is returnable. Your state also has laws which protect your security deposit, so you may want to check into that as well.

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All three have Asian backgrounds, but one of them is US-Vietnamese and the other two are Cantonese. Fred, one of the two Cantos, does not care about race while Nick is making a huge deal.

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Originally Posted by JudyKayTee

I'm going to be brutally frank here - this is not the first time you've posted the race card, although not on this site. They are the racists; you are the savior.

Sorry, I'm not buying it.

If I believe any of this - you want out. What do you care who the new roommate is, or why? This is not the time to be a crusader.

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Either you're helping or don't post.

As you have said that to me before.

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Originally Posted by hjpan

Either you're helping or don't post.

As you have said that to me before.

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People are trying to help you but you're hung up on the whole "non-Asian" thing. People are stupid; that's the way life goes. We can't change their opinions.

I'm going to repeat myself and others again in the hopes that you might quit beating on the racism drum and answer the question:
What does your lease say about who gets to make the final decision as to who will get to move in? It's either going to be the landlord, all of the roommates or solely the person renting the room.
What does your lease say about the return of the security deposit? It must say something pertinant to the breaking of the lease(which you are doing) otherwise your landlord has no legal right to keep your deposit.

Quite frankly, it sounds to me like you're crying the blues because your racist roommates don't like your buddy. If they don't, then it's their loss. Trying to sue them is not going to make them accept anybody and it's certainly not going to help your friend if he ends up moving in.

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Originally Posted by this8384

People are trying to help you but you're hung up on the whole "non-Asian" thing. People are stupid; that's the way life goes. We can't change their opinions.

I'm going to repeat myself and others again in the hopes that you might quit beating on the racism drum and answer the question:
What does your lease say about who gets to make the final decision as to who will get to move in? It's either going to be the landlord, all of the roommates or solely the person renting the room.
What does your lease say about the return of the security deposit? It must say something pertinant to the breaking of the lease(which you are doing) otherwise your landlord has no legal right to keep your deposit.

Quite frankly, it sounds to me like you're crying the blues because your racist roommates don't like your buddy. If they don't, then it's their loss. Trying to sue them is not going to make them accept anybody and it's certainly not going to help your friend if he ends up moving in.

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I'm not hung over the non-Asian thing. Just saying "the hell do i deal with their sh*t" if they didn't say a preference cause I just put "room-mate needed to take over lease 08-09 year!"

1. The lease says the people living in the place are in charge. Each provision of this lease performable by the Tenant shall be deemed both a covenant and a condition. The terms, conditions and covenant of this lease shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, and successors and assigns. But, I also found Tenant in his possession, use and occupancy of the Premises agrees to observe and comply with all restrictions, laws, and ordinances affecting said property or occupancy thereof;

2. The contract says as long as I find somebody, I will be refunded everything.

So let your roomates find someone that suits them. What's your problem? You obviously can't suit them with your choices, so smarten up and let them choose. After all, they're going to be living with the other person, you are out of there anyway. And you supposedly get all your money back.

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Originally Posted by twinkiedooter

So let your roomates find someone that suits them. What's your problem? You obviously can't suit them with your choices, so smarten up and let them choose. Afterall, they're going to be living with the other person, you are outta there anyway. And you supposedly get all your money back.

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I understand that part.

Quote:

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Originally Posted by hjpan

1. The lease says the people living in the place are in charge. Each provision of this lease performable by the Tenant shall be deemed both a covenant and a condition. The terms, conditions and covenant of this lease shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, and successors and assigns. But, I also found Tenant in his possession, use and occupancy of the Premises agrees to observe and comply with all restrictions, laws, and ordinances affecting said property or occupancy thereof;

2. The contract says as long as I find somebody, I will be refunded everything.

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1. No, it doesn't say that your roommates are in charge. It says that you are entering into a legal agreement and that you agree to abide by the law while occupying the premises. So we still don't know who gets to make that call but it sounds like the landlord has given up any and all right to that decision. He's already said he's going to let your roommates decide who they want in there.

2. Then call an attorney and get your money back.

Let your roommates find someone that they won't have a problem with. What do you think trying to sue them is going to accomplish? Do you think it will make them wake up and go, "Wow, Ryan's really not all that bad! How about we let him move in?" And then they'll all go skipping off into the sunset holding hands and picking wildflowers? No. They don't want him there and that's the bottom line. It's stupid and it's racist but you need to let go and move on.

This isn't even a legal question anymore. It's you complaining about your racist roommates. People have given you more than enough advice and you just keep beating a dead horse. Can you do anything? We don't know because we don't have your lease in front of us and the portion that you posted doesn't give us anymore information.

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Originally Posted by this8384

1. No, it doesn't say that your roommates are in charge. It says that you are entering into a legal agreement and that you agree to abide by the law while occupying the premises. So we still don't know who gets to make that call but it sounds like the landlord has given up any and all right to that decision. He's already said he's going to let your roommates decide who they want in there.

2. Then call an attorney and get your money back.

Let your roommates find someone that they won't have a problem with. What do you think trying to sue them is going to accomplish? Do you think it will make them wake up and go, "Wow, Ryan's really not all that bad! How about we let him move in?" And then they'll all go skipping off into the sunset holding hands and picking wildflowers? No. They don't want him there and that's the bottom line. It's stupid and it's racist but you need to let go and move on.

This isn't even a legal question anymore. It's you complaining about your racist roommates. People have given you more than enough advice and you just keep beating a dead horse. Can you do anything? We don't know because we don't have your lease in front of us and the portion that you posted doesn't give us anymore information.

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Thank you =]
Although it's harsh, but I take criticism in account as well.
Fred decided to pay me an extra deposit back and when the landlord decides to give back my deposit, he'll take mine.