Results 1 to 2 of 2
  1. #1
    Join Date
    Aug 2015
    Posts
    6

    Default Can a Substitute Tenant Be Required to Pay Rent Prior to Being Able to Move In

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

    Background: I'm planning on moving into an apartment in January 2016. I am taking over one tenant's room who is moving out prior to the completion of the lease, so a roommate release form is being submitted, as well as an Additional Tenant agreement. I plan to submit my application and signed Additional Tenant agreement by Monday 1/4/16. I do not know how long it will take for the leasing office to approve me. Now, the individual who is moving out, and whose room I would be taking, just moved out (12/31/15 I believe), but I was only informed that this would be the date that he would be moving out a day or two before hand. I have a text from another tenant on 12/30 saying that he would be moving the last of his stuff by tomorrow, 12/31). Previously, I was told that he would be moving out "sometime in January", but that he had not given a specific day (until late December, as I just mentioned). The roommate release form is signed by all active tenants (I don't know when it was signed), but it has not yet been submitted to the leasing office.

    My question: Is the individual who is moving out responsible for any of January's rent even if he already moved out?

    Since it will take a few days for the leasing office to review my application, conduct the background check, etc., and assuming I do get approved, I will only be able to move in sometime mid-January. I was told previously that he is moving out "sometime in January" with no specific date given, but in the last few days of December was told he was moving out before January. I do not know whether he gave 30-day notice to the landlord or not, but I do know that the roommate release form has not yet been submitted to the landlord. I wouldn't mind splitting the rent proportionally depending on when I can move in, but I don't want to be on the hook for all of January if I can't move in until mid-January.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a Substitute Tenant Be Required to Pay Rent Prior to Being Able to Move In

    Your lease either has a specific start date for rent or it does not. It either describes a specific move-in date or it does not. It either describes your rights and remedies in the event that the landlord cannot deliver the premises on the promised move-in date or it does not.

    Help us out -- what does the lease say about these issues?

    In my opinion, you should avoid signing any contract that suggests that you could be held responsible for rent prior to your being permitted to move in, and the issue of who has to pay rent prior to your agreed move-in date should be between your landlord and the other tenants.

    1. Sponsored Links
       

Similar Threads

  1. Rental Agreements: Parents Letting Tenant Move in Rent Free for Indefinite Period
    By nimbenja in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 04-03-2015, 04:23 PM
  2. Moving Out: Is Rent Prorated if Your Move-Out Date is Prior to the Last Day of the Month
    By regreptil in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-23-2014, 03:08 PM
  3. Security Deposits: Getting Security Deposit from Substitute Tenant
    By lys in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 08-29-2013, 10:55 PM
  4. Rental Agreements: Tenant Paid First Month's Rent and Deposit, Didn't Move In, Asked for Refund
    By livepower in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-05-2011, 07:05 PM
  5. Eviction Process: Tenant moved, but subtenant refuses to move and isn't paying rent
    By isope in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 07-27-2006, 07:42 AM
 
 
Sponsored Links

Legal Help, Information and Resources