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jen58 · Dec 31, 2007, 11:18 AM

[Previous posts in old thread removed]

smakwana26 · Mar 1, 2013, 01:26 PM

I recently moved to California. This question is related to joint lease. Full details of the issue goes as mentioned below.

My lease : I and my roommate signed a lease for an apartment up to 6/31/2013. Now the problem is when we decided to share, My roommate who is familiar with bay area and its leasing practices, said that its based on month to month lease so as and when we want to leave from sharing arrangement, we just have to give notice before 30days. Because I was new and the other guy works in same company, I trusted him and allowed to go ahead with lease talks with leasing officer and finalize lease. I was not given a copy of lease before signing lease for reading. One day My roommate came to my place and said that this is the lease agreement in which you have to sign. Because lease agreement was big, I did not read it fully and signed it based on the trust. Recently when I showed my intention to leave from the property, I was told by my roommate that, You have to stay here up to 6/30/2013. I was totally surprised and deeply hurt due to trust violation that he showed. I then read lease agreement and It showed lease up to 6/31/2013. I have evidences in terms of email and persons who were present at the time he said lease will be on monthly basis. Yes I admit that it was my fault to sign lease without reading it and trusting somebody. On the ground of legality probably I am wrong but on the ground of morality, what he has done is very disturbing.

My main reason to move out is Foul and abusive language used by him/his wife.

Question 1 : According to leasing officer, I can sublease to somebody who is ready to replace me in the apartment. But my roommate says that he will not allow anybody in this apartment. He even threatens me that do it if you can without my sign. What can I do in this case?

Question 2 : I said that we have to cancel current lease and do a new lease on your name but he is not willing to do that as well. Can I do something here?

Question 3 : what are my chances if I have to initiate a legal process.

I really want to get out of this, as it is hurting me mentally and I am not able to focus on my work.

Thanks

Saurabh

AK lawyer · Mar 1, 2013, 06:10 PM

You should have started a new thread. So I am attempting to split you off from the old one.

Originally Posted by smakwana26

...
Question 1 : According to leasing officer, I can sublease to somebody who is ready to replace me in the apartment. But my roommate says that he will not allow anybody in this apartment. He even threatens me that do it if you can without my sign. What can I do in this case?

Question 2 : I said that we have to cancel current lease and do a new lease on your name but he is not willing to do that as well. Can I do something here?

Question 3 : what are my chances if I have to initiate a legal process.
...

1- Roommate cannot legally stop you from sub-leasing, as long as it's not prohibed by the lease terms. It's up to the landlord, and if the LL is OK with it, you can.

2. He doesn't have to enter into a new lease. The problem is that both of you are jointly and severally liable, but you don't have an agreement between the two of you (lessees seldom do) to protect you.
3. Perhaps. If you are able to sub-lease your interest, and if he won't let the sub-lessee in, sure. He would be in violation of an implied, unwritten agreement between the two of you to exercise good faith dealing, for one thing.