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  1. #1
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    Sep 2014
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    Default Sued by Ex-Roommates After Moving Out Early

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

    This is my first post, I apologize in advance if this is the wrong topic thread, but Long story short, my roommates and I signed a lease that binds us all together as one unit/person/apt, the environment was toxic, the couple fought(loud screams and arguments, someone getting slammed on the ground, neighbors complained) all the time and it got really violent to the point i did not want to come home or come out of my room fearing for my safety. So, I went to the leasing office to see what my options are, so I called a sit down in the apt and we talked it out. We were all there at the dinner table and I layed out the 2 options, 1.) to break the lease, it would be a 1500 dollar fee 2.) vacant apts but keep paying rent until landlord finds new tenants. We all came to an agreement to break the lease , and I would pay the $1500 fee because things aren't going to work out. Then , the day that we agreed upon to meet in the leasing office, I waited for 1-1.5 hrs , but they did not show up and did not honor the agreement. I have records of texts asking if they are coming to the leasing office to sign the break lease , they texted back yes. I got tired of waiting , and then went to the apt to knock on their door, but the roommate said ," do not touch my door " and got really aggressive and said lets take this outside. I left the apt, to let things cool down. The roommates finally went to the office, while I was not there, and they texted me that " they don't trust me , that the are afraid of the check being bad". This was nonsensical, and they are just being bullies. I left the check at the leasing office, stamped and dated, ready to be processed. I could not handle the situation anymore, wrote the office the reasons that I will be leaving, and that my sanity, and my life is far more important than any credit rating or any amount of money. 7 months later I get served at my job, and now the roomies are suing for leaving and that they had to take out a loan to pay my part.

    So my question here is , is the verbal agreement of breaking the lease valid in small claims court ? what are my chances ? should I counter sue ? anybody gone through this before ? Please help thank you so much.

    sorry for the terrible organization of this thread, I'm just trying to put everything together. I'm so frustrated.

  2. #2
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    Default Re: Sued by Ex-Roommates After Moving Out Early

    You say that you left the $1,500 check that you promised to pay at the leasing office, and you suggest that (although you did not meet at the same time) your roommates agreed to break the lease. Presumably the $1,500 was then applied to your account, and you were all released from the lease. So what's the present lawsuit about?

    You are thinking about counter-suing on what basis?

  3. #3
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    Sep 2014
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    Default Re: Sued by Ex-Roommates After Moving Out Early

    the roommates did not sign the break lease form but verbally agreed that they would. So i ended up staying for a few months, then things got out of control. I had to buy my own fridge because they didn't allow me to use theirs anymore

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    so they are suing me for leaving early, and they had to take out loan to pay my part.

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    check was not processed because they didn't sign the break lease form. They agreed to do this , but never honored their agreement. Will my texts, my stamped dated check be admissible in court? What are my chances?

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    I want to counter sue for lawyer fees, and for all of us to part ways and for them to leave me alone forever.

  4. #4
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    Default Re: Sued by Ex-Roommates After Moving Out Early

    ?What lawyer fees? You don't get to sue because YOU left (i.e., broke the lease) and left them holding the bag on paying the remaining months on the lease whatever your reasons for doing this.

    Gail

  5. #5
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    Default Re: Sued by Ex-Roommates After Moving Out Early

    Quote Quoting dufusdude
    View Post
    the roommates did not sign the break lease form but verbally agreed that they would. So i ended up staying for a few months, then things got out of control. I had to buy my own fridge because they didn't allow me to use theirs anymore
    So you didn't move out, and the entire discussion of the agreement to move out is irrelevant.
    Quote Quoting dufusdude
    so they are suing me for leaving early, and they had to take out loan to pay my part.
    If you left early, you owe rent. If they are claiming more than $1,500, and they could have limited their damages to that amount by agreeing to break the lease at the time you moved out, you can attempt to convince the court that they didn't mitigate their damages and that you should not owe more than $1,500.
    Quote Quoting dufusdude
    check was not processed because they didn't sign the break lease form. They agreed to do this , but never honored their agreement.
    You chose not to move out, so you rendered the agreement irrelevant.

  6. #6
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    Default Re: Sued by Ex-Roommates After Moving Out Early

    I thought I had no other options but to stay. Yes , I did chose to stay. It wouldn't be a good decision to sign another lease.

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    I thought I was stuck and that I couldn't do anything to get out of it. My safety and sanity is far more valuable than being in that type of environment.

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    They agreed to break the lease , we sat down like adults and made a compromise. I chose to stay because I didn't have a place to go. I'm not from california. I thought that they would sign the form so we all could get out of a bad situation and out of the lease. Like I said it would be a terrible idea to sign another lease without cancelling tis one

  7. #7
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    Default Re: Sued by Ex-Roommates After Moving Out Early

    " My safety and sanity is far more valuable than being in that type of environment."

    Well fine then; pay what you owe for breaking your part of the lease.

    Gail

  8. #8
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    Default Re: Sued by Ex-Roommates After Moving Out Early

    So despite the verbal agreement after all parties agreed to verbally to break the lease I have no case? I have evidence to support my argument

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    I fulfilled my paid rent up until I found a place that didn't require a lease

  9. #9
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    Default Re: Sued by Ex-Roommates After Moving Out Early

    Quit using the argument that all parties agreed to verbally break the lease. That may have been discussed at one time but when that didn't take place, you continued to reside in the rental unit for a few more months until you finally moved out, thus breaking your portion of the lease.

    If your $1500 check was never cashed, it cannot be applied to this owed rent.

    The court won't care that you paid rent until you broke your lease and moved out. That is not what your former roommates are suing you for.

    Gail

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