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  1. #1

    Default Bailing Out of a Bad Situation - Verbal Agreement

    My State: California

    I moved into a place on a temporary basis (3 months). I was taking over the lease from another girl... it is a 4 bedroom house. There were 3 other roommates there. Upon moving in, I was assured a parking space (there are 3 spaces and one girl had a scooter so didn't need one). After I moved in, I noticed several problems. There were ants EVERYWHERE. I would wake up with ants in my bed. I also started receiving spider bites... from Hobo spiders, which leave big festering wounds. Also, there is a mold issue in the bathroom walls.
    On top of all of that, one of the roommates took off after I had only been there for a week!!! Now, we had to worry about finding someone to take the middle room at the last minute or be responsible for the extra rent.
    All of this was way too much for me, so I started looking for other places. I found an apartment (studio this time!) and have been approved.
    They finally did find a guy for the middle room, but they did not ask me about him... I was in my bedroom in my underwear, and all of a sudden this strange guy I had never seen before walks in! Apparently he is my new "roommate." They gave me NO warning that they gave this random guy a key.
    I am very uncomfortable with this situation, and want to move into the new apartment. I did go in for a credit check with the management company of the unit, but never signed the lease, as I was unsettled about how everything was there.
    My question is, is there anyway that the management company or the roommates can come after me for the last 2 months rent? Am I legally bound verbally? I am essentially going to lose my $800 deposit anyway, but to me it is worth it to be out of this place.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,635

    Default Re: Bailing Out of a Bad Situation - Verbal Agreement

    Your rent is $800? Assuming a valid three month lease, you're stating that you've paid a month, would have $800 applied from your deposit, and are concerned about whether they could come after you for the last month's rent? Yes, they can try.

  3. #3

    Default Re: Bailing Out of a Bad Situation - Verbal Agreement

    well... I found someone to take my room for the 2 months... but with no deposit. What is the best way for me to arrange getting my deposit back? getting one of the tenants to sign a promisary note that when they move out the deposit is returned to me?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,635

    Default Re: Bailing Out of a Bad Situation - Verbal Agreement

    Assuming no damage, they owe you a refund of your deposit at the end of the lease term. No promissory note is necessary, but it can't hurt (if you don't have it) to try to get written confirmation of the amount you paid as a deposit and when it will be returned.

    This new tenant will be your subtenant, or are they accepting this person as a tenant?

  5. #5

    Default Re: Bailing Out of a Bad Situation - Verbal Agreement

    well... I never actually signed any lease. and was only here for a month. So I don't know if that means that this person is MY subtenant or just a subtenant. I took over another girl's spot, so does that mean she is a subtenant's tenant? haha. she isn't going thru the management company and she will be here for the remaining two months. I didn't even really go thru the management company... only did a credit check. I am not really sure where I stand as far as the legalities of the management company is concerned which is why I am not sure about what will happen with the deposit when everyone leaves. I know that there isn't any damages thus far, as the manager and owner did a walk thru a week ago. So as far as legality is concerned, what would I be considered? A tenant or a subtenant? The manager wrote an email saying that he couldn't release the old people from the lease (meaning the girl that was there before me) until a new person signed (me) which I did not. Obviously it is a sticky situation. I now have the rent money for the month from the new girl which I am giving to the main tenant tomorrow, only after he signs a promissory note regarding deposit. Since I don't know where he would live after he leaves, should I get his work info? I am usually very careful about situations, but this one got out of control very quickly.

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