Forced to Have a Roommate when I Already Paid Full Rent

My question involves landlord-tenant law in the State of: California

When my ex roommate left I looked for another roommate to replace her. We were on a month-to-month lease and when she left I had to sign an agreement saying that I was solely responsible for the full rent until I found another roommate and we could sign a new lease. I couldn't find a roommate so I paid full rent. The following month I found a girl that was approved by them but ended up not signing the contract because she realized she needed her dog with her and dogs are not allowed in the complex. The property manager contacted me saying that this girl hadn't paid her part and since we hadn't signed the contract she said I was responsible for the full rent. So, I paid full rent again and contacted the girl that was supposed to move in with me. She accepted responsibility and felt bad for me because I had to pay full rent by myself and gave me the money that she was supposed to pay as rent. Then she needed a place to stay for a few days and I let her stay with me since she had given me the money and I had paid full rent until the end of the month.

I looked for another roommate and I found one that wanted to move in this month, on the 20th. I told her the room was not available until January 1st, 2014. We had a bad argument and I realized she was not a good fit for me as we already had a clash even before she moved in. I told the property manager that I was going to look for somebody else. This girl talked to the property manager and now the property manager is forcing me to live with her, when I told her I don't want to, and she is forcing me to let her this coming Saturday, when I already paid for full month rent, and I'm the sole renter on the contract.

Can she force me to let this girl in just because I let the other girl stay in the place without asking for permission? Aren't those 2 different things?

I never intended to violate the contract, I was just doing her a favor. I guess that technically that is considered "subleasing" because she gave me some money? Even in that case, don't they have to give me notice to leave? Why are they forcing me to have someone I don't want as my roommate just because they accepted her when I already paid full rent until December 1st?

I'd appreciate any thoughts or advice on what to do. I'm desperate!!!!

As long as you are willing to pay full rent and your prospective roommate doesn't have a written contract with you or the LL, then you cannot be "forced" to accept the roommate.

I suggest you put it in writing to the LL that you are willing to continue paying full rent and that you will not let the new person in the door and will call the police if anybody tries to get in.

How well you do with all this depends on whether you have the backbone to stand up to those people.

Your situation is a very good argument against living with roommates. Stuff like this (and worse) always happens.

Thank you SO much for your reply! I was very clear when I talked to them (through email) that I do not want this girl as my roommate because:
1- I'm the sole renter on the contract so I have the right to choose who I want,
2- I paid rent until December 31st,
3- I will continue to look for a roommate I like, or pay full rent.

My only concern is this... The property manager said that the "new roommate" was going to sign a separate contract with them yesterday. Can that one revoke mine? Is it legal? Does she really have rights to move in? Does that mean that we both have the same rights?

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Quoting sdfitgirl2004

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My only concern is this... The property manager said that the "new roommate" was going to sign a separate contract with them yesterday. Can that one revoke mine? Is it legal? Does she really have rights to move in? Does that mean that we both have the same rights?

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No to all 4 questions.

You have a lease that gives you sole possession of the apartment. The manager has no right to enter another agreement with somebody else and you have every right to deny entry to the other girl.

As I suggested earlier, you would be wise to get this in writing and deliver it to management. Might be worth a hundred or two to have a lawyer write the letter putting the manager on notice that he's looking at a potential lawsuit or injunction.

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Quoting adjusterjack

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You have a lease that gives you sole possession of the apartment.

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that would be; as long as your lease gives you sole possession of the apartment.


I can't say I have ever heard of a tenant being forced to accept a roommate if they have a valid lease giving sole possession of the unit. I kind of wonder if there is not something about the OP's lease s/he is not understanding or has not expressed here.

"We were on a month-to-month lease...."

You're still on a month to month tenancy, correct?

If so, things might seriously change come January 1st.

Gail

I have everything in writing. I'm going to see a lawyer tomorrow morning to see if he can write a letter to the property manager. Otherwise, I won't be able to get out of my place this Saturday waiting for this girl to move in so that I can call the police.

Thanks a lot!!!!

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Yes, I'm on a month-to-month lease... What could be the serious changes? I don't think they can raise the rent since the new amount goes into effect on January 1st.

I just love this place. I've been here for 4 years and I'd hate to have to leave because the force me to have this new roommate...

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Quoting sdfitgirl2004

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Yes, I'm on a month-to-month lease...

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What, exactly, do you mean by a month-to-month lease?

Written leases are generally for a specific duration like 3, 6, or 12 months with a beginning date and an ending date.

Does your lease have a date to date duration?

Or does it, indeed, specify month-to-month with no expiration date?

If it does, then the LL can change the terms of the lease, or terminate it, at any time with proper notice.

If there is no notice requirement built into the written agreement, then the notice must comply with the CA landlord tenant statute that begins with Section 1940 at:

http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20

Since you've been there more than a year, that notice would be 60 days according to:

"1946.1 (b). An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination."

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Quoting sdfitgirl2004

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What could be the serious changes?

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Termination or a rent increase or some kind of nonsense. But it wouldn't happen right away.

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Quoting sdfitgirl2004

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I don't think they can raise the rent since the new amount goes into effect on January 1st.

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They could theoretically give you notice on January 1 of another rent increase effective March 1.

I don't think Gail is talking about a rent raise.

I'm thinking more along the lines of "your tenancy is now terminated".

wow! I didn't think about that... Good thing I can give notice and leave! I know that if they increase the rent there's no way they will be able to rent it. However, can they tell me about the rent increase and then if I leave go back to where it is now? I feel like theses people can do anything they want/can

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I thought about them giving me a 60-day notice. However, they have to give me notice "With Cause," right? Somebody told me that's the way it is in San Diego. I'm sure they will find something... :(