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Can You Claim Portions of Rent Back from an Uneven Rent Split

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  • 03-24-2019, 07:12 PM
    lawfullness299999
    Can You Claim Portions of Rent Back from an Uneven Rent Split
    My question involves landlord-tenant law in the State of: California

    We are three tenants that have already moved out of a house that we all lived in the past year. There was one tenant who we all give our rent and utilities to, who has lived there for the last 4 years. He is currently still on the lease.

    We recently found out after moving out that he was making us pay an extraordinarily high portion of the rent, to which he himself is paying what we estimate to be little to none. During the end of each month we all pay him the amount he tells us, and he makes a final total payment to the rental agency.

    Now that we have moved out and just found out about this, is there any legal way for us to claim back rent that we feel was unevenly portioned by him? I do not feel so as there are no provisions in the lease that specifies how rent must be split, but I do just want to confirm.



    ADDITIONALLY-

    Some other concerns include that during our time there were multiple illegal pets running around the house and also several illegal housemates including one residing in the garage. If we tell the rental agency now about these things (which are still likely happening at the house), can we get in trouble with the law as well? Keep in mind we have moved out but our experience living here was poor, and the reason we want to do this is to let the rental agency know what this tenant is doing.
  • 03-24-2019, 07:31 PM
    jk
    Re: Any Way to Claim Portions of Rent Back from Uneven Rent Split
    It sounds like he lived there prior to you moving in. That suggests he was the only tenant on the lease and was solely responsible for the payments to his landlord.

    if the above is correct, you were a subtenant and your roommate, who held the lease, was actually your landlord. If true, what he paid for rent and what he charged you are generally not related to each other. There are a few places where a prime tenant cannot profit from a sublease but if I recall correctly, the only state I am aware of this is the case is New York.



    I suggest you move on with life. Being vindictive is not an attractive attribute.
  • 03-24-2019, 07:39 PM
    lawfullness299999
    Re: Any Way to Claim Portions of Rent Back from Uneven Rent Split
    Quote:

    Quoting jk
    View Post
    It sounds like he lived there prior to you moving in. That suggests he was the only tenant on the lease and was solely responsible for the payments to his landlord.

    We were all added to the lease and were tenants prior to moving out and were all responsible for the rent. Does that still qualify as the subtenant vs landlord situation?

    Would that change anything?
  • 03-24-2019, 08:06 PM
    jk
    Re: Any Way to Claim Portions of Rent Back from Uneven Rent Split
    Quote:

    Quoting lawfullness299999
    View Post
    We were all added to the lease and were tenants prior to moving out and were all responsible for the rent. Does that still qualify as the subtenant vs landlord situation?

    Would that change anything?

    so how is it you aren’t still on the lease?

    but if you were added to the lease, that means you had an opportunity to read it when you signed it. You didn’t notice the monthly obligation when you read the lease?


    is it that maybe you were added as occupants and not lessees?
  • 03-24-2019, 08:12 PM
    lawfullness299999
    Re: Any Way to Claim Portions of Rent Back from Uneven Rent Split
    There were addendums that allows us to be added/removed. The lease that the rental agency sent was the oldest lease (that the guy paying the rent) signed first when he first moved in. The rental listed on there is about 6-7 years old. Since that lease expired they've been utilizing the addendum to renew lease, add new lessees (like us) and etc.

    Edit: addendum was called "Lease amendment, extension/change of terms"
  • 03-24-2019, 08:18 PM
    jk
    Re: Any Way to Claim Portions of Rent Back from Uneven Rent Split
    So you’re saying you never read the lease you signed?

    You simply signed an addendum stating you become a co obliger to whatever lease was in force at the time?

    what was your written or verbal agreement as to the amount you would be responsible for each month?

    you need to understand that unless a lease apportions the rent among the tenants, each tenant is liable for the entire amount. The lease does not specIfy what any partOcular tenant owes each month. It is by mutual agreement between the co tenants that each person rent is established
  • 03-24-2019, 08:28 PM
    lawfullness299999
    Re: Any Way to Claim Portions of Rent Back from Uneven Rent Split
    Quote:

    Quoting jk
    View Post
    So you’re saying you never read the lease you signed?

    You simply signed an addendum stating you become a co obliger to whatever lease was in force at the time?

    what was your written or verbal agreement as to the amount you would be responsible for each month?

    you need to understand that unless a lease apportions the rent among the tenants, each tenant is liable for the entire amount. The lease does not specIfy what any partOcular tenant owes each month. It is by mutual agreement between the co tenants that each person rent is established

    We found the house on a general advertisement website listed by this original tenant. We found it on the ad he placed, which stated the amount we were suppose to pay.

    As we proceeded to sign the lease, it was revealed that we were going to be added to the original lease (which he signed with the rental agency several years prior, and subsequently the price listed was from several years ago as well), through the addendum. We did request the original lease but it only stated the original rent at the time of their signing.

    The part that was definitely on us is verifying the actual rent from the company at the time we signed the lease, which we failed to do until finding out just a bit pre-move out on the rental agency's rental portal website. It is definitely a learning experience we will have to reflect on going forward, especially in situations in the future.
  • 03-24-2019, 08:40 PM
    jk
    Re: Any Way to Claim Portions of Rent Back from Uneven Rent Split
    If you agreed to pay $XXX then that is what you were obligated to pay. What the amount owed on the lease became irrelevent since you agreed to pay $XXX per month. if you had agreed the amount owed on the lease was to be equally split among the several tenants you would have a valid argument you were overcharged. Since you agreed to pay what you did, you have no claim you were overcharged.
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