Recovering Rent Payment from Roommates Who Kicked Me Out
My question involves landlord-tenant law in the State of: California
We are all four on the lease. However, one of my housemates girlfriend also lives here 7 nights a week even though she pays rent somewhere else (not here). She is not on the lease here so I believe her staying here 7 nights a week is illegal. I work very early in the morning and my housemates do not wake up until around 10 or 11 and I wake up at around 6 or earlier. My makeshift room was an artificial wall behind the living room couch so yes, I know I was getting what I paid for but I sometimes asked if they could keep it down or hang out in the garage when I was trying to sleep. They often did move to the garage which was perfectly fine, but sometimes they stayed upstairs when I was trying to sleep so instead of bothering them to be quiet EVERY time I just played a white noise app on my phone, put in earplugs and was usually able to eventually fall asleep.
Around a week and a half ago there had been quite a bit of tension between me and my 3 housemates/the girlfriend (them against me), I addressed that some of my stuff including prescription medicine had disappeared and I was wondering if they knew anything about it. Instead of giving me any sort of answer, they all verbally attacked me and became angry saying that I was accusing them of something (I wasn't necessarily, I just honestly wanted to know if anybody had any clue ie: someone invited a large group of friends over and didn't see them at all times, etc). The next day after I came back from work they called together a "house meeting" where they essentially kicked me out and said I had about a week to find a new place. Part of their reason was that I am "passive aggressive" because I play my white noise at night in order to send a message getting them to "shut up". I was not aware that they could even HEAR my white noise playing so I asked them, "why didn't you just tell me that you could hear it?" They said it sounded like a machine and ignored my saying that I did not know that they could hear it. They said the white noise drowned out all the music and television that they played at night. Okay, sure, maybe i was a little ignorant of me not to realize that it might have been a bit loud. I am pretty sure that them kicking me out when we are all equally on the same lease is illegal but I agreed to leave anyway due to the fact that their attitudes towards me were so hostile; it were as if they were using "bullying tactics" to drive me away. I was miserable there, but since it was four against one, I didn't have much leverage in convincing the others to see my side at all. That being said, I have moved out within a week and into a house with a lady who's a dentist. I have already paid her my security deposit and a month of rent.
The issue with my old housemates is that they are not cooperating in giving me back my march rent and security deposit as they said they would. Yes, we still need to talk to the landlord and if they communicate to me on behalf of the landlord I will be making sure they are being honest regarding what he said. I sent them a screenshot of my bank transfer statements to the landlord proving I paid $700 for the deposit, $350 for the first month of rent, $350 for the last month and of course, the $350 for march rent was there too. The $350 for the first month obviously won't be refunded but they still owe me $1400. I was simply telling them the facts but after I sent it they accused me of "pointing fingers about the money". It's pretty clear that it's very easy for them to gang up on me like this and deny me my money since like I said, it's 4 against one. If I cannot get them to cooperate I am considering taking it to small claims court. Can someone help me out though and tell me who is in the wrong here (me, them, or both) and would I have a chance achieving justice in court?
Re: Recovering Rent Payment from Roommates Who Kicked Me Out
"We are all four on a lease."
"The issue with my old housemates is that they are not cooperating in giving me back my march rent and security deposit as they said they would. Yes, we still need to talk to the landlord and if they communicate to me on behalf of the landlord I will be making sure they are being honest regarding what he said. "
You signed a lease.
Your roommates have no "legal power" to "kick you out".
Without the landlords permission, you simply cannot break your lease.
YOU needed to speak the landlord regarding whether you even had the ability to be removed from this lease prior to you moving out. As it stands, you not only owe for March, you continue to owe rent until a replacement tenant for you is found or the lease would normally expire. Unless EVERYONE (including the landlord) agreed to allow you off this lease, your roommates could turn around and sue YOU for owed rent.
Gail