State: California
We would like to summarize the occurrences over the last few days to obtain some legal advice on how to move forward with our landlord. In June 2008- 4 tenants signed a 1 year lease agreement. The lease agreement stated if one person moved out of the house rent would be reduced from $2050 to $1800. As of December 1st, 2008 one of the tenants gave their 30 day notice to the landlord, which states:
"21. Termination - This agreement and the tenancy hereby granted may be terminated at any time by either party hereto by giving to the other party not less than one full month's prior notice in writing"
When the landlord found out the tenant was leaving, she informed the other existing tenants the rent would not be reduced and if not met the home must be vacated after 30 days. When the tenant sighted the formal yearly agreement stating rent would be reduced the landlord further threatened the existing roommates in retaliation. Some examples include the following: taking the 4th tenant to collections; moving into the 3rd room herself or forcing a new roommate of her choosing; and imposing a 12:00 curfew for visitors + $100 added fee for visitors past 12:00am. Now we have an emergency meeting with the landlord per her request on December 4th, 2008 at 8:00pm to discuss the issues at hand. If you could be so kind to answer the following legal questions; this would help our situation immensely. If you might know of any local authorities who may help if the issue goes any further- then we would greatly appreciate it.
1. Can 1 person move out and rent be reduced without consequences?
2. Do we need to find a roommate to rent newly vacated room?
3. Can landlord move into the room to occupy as 4th person on lease?
4. Can landlord force tenants to accept new roommate of her choosing?
5. Can landlord impose a time of night guest can leave by? ( Landlord is demanding guests leave by 12am if we have any over)
6. Can landlord charge $100 added fee/ night if any guests stay over?
7. Can tenants force landlord to remove all belongings left as storage in garage?
8. Can tenants break lease early if further harassments occur? (I.E. threats to sue, threats to bring to collections, un-notified visits etc.)
9. Can landlord bring leaving tenant to collections after 30 day notice was submitted?
10. I would like to make sure the tenant moving out is not longer responsible for payment

