I live in Aptos, CA which is in Santa Cruz County. My ex-girlfriend and I lived at this house for 5 months on 1 year lease. In the past 5 months she has had 3 jobs and been fired from all three jobs. She started to drink heavily again and she is a mean drunk. Too many fights and she was irresponsible. I left for the weekend on Thursday night and came back Sunday evening at 6:00 to find out that she had left. She moved back in with her older x boyfriend and is still unemployed to this day. I was going to end the relationship anyway so this did make it easier. Although she owes me about $900.00 but I am willing to cut my losses to get on with my life.

No my landlords seemed to be unreasonable people and so I was try to think of the best way to tell them in the mean time I was focusing most of my energy to fine a roommate to help with renting this two bedroom house. I found roommate and moved him in four days latter It was eating at me and I told the land lord the truth. I basically was in a relationship you wouldn't wish on an enemy. They were happy that I was able to get out of the relationship and they said that they would have like to know sooner.

The first thing he sad (the son in law property manager the owner lives in Oregon) we will have to evict you and then not even a second later he said but we won't do that. He said send me his credit score and we will meet him tomorrow and give him an application. His credit met there criteria and we e-mailed them his score last night. He told the homeowner what had happened and the home owner told him to evict us. I paid the whole rent this month (march) in full with a personal check from me who is on the lease. They want to drop of the eviction notice tomorrow morning. Is that legal after they cashed my check for the rent this month or so they have to wait till the end of the month of 1st of next month. Does this sound fair? Do I have a leg to stand on? Should I contact the district attorney for consumer affairs? What should I do?

disgruntled

Ok, what does your lease say, can you sub rent to others ?

As long as YOU pay without another roommate, you have a lease and they can't evict.

If your lease allows you to change room mates or sub rent to someone, then they can't evict.

They can stop you from moving in a new room mate if your lease does not allow, and if you do, then they can evict for that.

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Originally Posted by Fr_Chuck

Ok, what does your lease say, can you sub rent to others ?

As long as YOU pay without another roommate, you have a lease and they can't evict.

if your lease allows you to change room mates or sub rent to someone, then they can't evict.

They can stop you from moving in a new room mate if your lease does not allow, and if you do, then they can evict for that.

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The only this it says is prohibiyion of assignment and subletting: Tenants shall not sublet any part of the premises or assign this agreement without prior written consent of landlord. Nothing about bringning in a roommate to helpwith the rent if someone moved out leaving the other one holding the bag.

I would like to hear more opinions on this problem.

Thanks.

Quote:

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Originally Posted by georgetownsc

the only this it says is prohibiyion of assignment and subletting: Tenants shall not sublet any part of the premises or assign this agreement without prior written consent of landlord. Nothing about bringning in a roomate to helpwith the rent if someone moved out leaving the other one holding the bag.

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Ummm, I hate to tell you this, but that's what that clause means. I don't know ehtehr the girlfriend signed the lease or not. Either way, by taking on a different roommate you are violating that provision of the lease. Eiother your are assigning the g/f's portion of the lease to the new roommate or you are subletting a portion of the property to the new roomie. But you are clearly violating the prohibition against assignment and subletting. You could have avoided this, by informing the landlord or mgr prior to your search for a roomie and making sure they agreed.

Now, all is not lost. If you informed the mgr that you were taking in a new roomie prior to his moving in. And that you provided the credit report and application prior to his moving in, that may stand. What I'd do now is let them serve you with an eviction notice. Before they can actually evict, there will need to be a hearing. You then go to court, explain to the court what happened, show the court that you exercised due diligience in screening a roommate and that he met the landlord's criteria. There is a good chance, the judge will decide a major breach of the lease has not occurred and deny the eviction order. California is a pro-tenant state and I doubt if they will allow an eviction just because you failed to notify the landlord in a timely matter.

If the judge does rule for the landlord and orders the eviction, I think he will give you time to find a new place.