[hbwrdh]

This is the situation. My daughter and two roommates entered into a written lease for a two bedroom apartment in Santa Barbara July 15th 2008-June 13, 2009. They moved in and advertised for a fourth roommate to complete the lease. The fourth roommate was found and moved in August 08. She paid a quarter of the deposit and a quarter of the last months rent for the period of June 1, 2009-June 13, 2009, just as the other roommates had. The landlord doesn't approve sublets, and the intention was to have her sign the lease, but it never got accomplished. On November 1st, she gave 30 days notice that she's would be moving out. Her parents had pulled the plug on her rent because of poor performance. She left on November 30th without making any attempt to help her roommates replace her. The semester wasn't over yet (it ended two weeks later, on December 17th) and the Spring semester didn't begin until January 23rd. Result, my daughter and her two roommates couldn't secure a replacement until January 1st due to the Christmas break and they were stuck paying her share of the rent for the month of December. They still had her deposit and last months rent and wish to withhold the amount of rent for December. Her mother claims that it was never more than a month to month tenancy and she isn't responsible for December. The roommates disagree it was ever month to month. It was clear from the beginning that the lease was until June 13th 2009. She agreed verbally to the lease terms and they would never have approved her to move in had a month to month tenancy been suggested. She also paid the last month's rent (June 1-June 13th 2009) ten months in advance, clearly an intent to be there the entire lease term. Do the roommates have any recourse in this matter? They are prepared to represent their position in small claims if necessary.

[LisaB4657]

I'm sorry but her mother is right. It was a month-to-month tenancy. Verbal agreements for renting for a period of one year or more are not enforceable.

[hbwrdh]

I'm sorry but her mother is right. It was a month-to-month tenancy. Verbal agreements for renting for a period of one year or more are not enforceable.

Thanks for your response. This lease was for less than that (August 1, 2008 to June 13, 2009) and 10 months in duration. What about the enforceablility of periods less than a year?

[LisaB4657]

Since it was for less than a year then the verbal agreement is enforceable, as long as your daughter can prove they had an agreement. From the information you've provided here it sounds like they can prove it.

[hbwrdh]

Since it was for less than a year then the verbal agreement is enforceable, as long as your daughter can prove they had an agreement. From the information you've provided here it sounds like they can prove it.

Thank you very much for your time.

Fortunately, all three roommates were present and witnessed the lease term discussions etc, so it's not just a she said, he said situation. And they have a copy of her check, which includes the last month rent (June 1-June 13) as documentation.

I appreciate you taking the time to respond.

[LisaB4657]

My pleasure. Good luck!