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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Default Termination By One Co-Tenant Provokes Rent Increase For Others

    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

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

    Default Re: Termination By One Co-Tenant Provokes Rent Increase For Others

    1. The lease, if there is one, is binding on all parties. If this is a month-to-month tenancy, your landlord can terminate the old agreement and, within the confines of any local ordinances, increase your rent.

    2. Do you 'need' a new roommate in order to afford your rent? If so, then yes.

    3. What does the lease provide? If you and your roommates are collectively renting the entire premises, then you get to pick your roommate and your landlord can only move in if you agree. If you and your roommates are renting individual rooms, with the remainder of the premises being common areas for tenant, and your rental agreements don't limit who can rent any other rooms, then your landlord can occupy a room.

    4. Essentially the same answer as #3.

    5. If you are all renting rooms, possibly; I am not sure if a landlord can impose a curfew of this sort on a rooming house, but I suspect it may be a reasonable restriction to protect the quiet enjoyment of the other tenants. If the landlord is renting rooms in her own house (which from what you say is not the case here), I suspect such a rule would be allowed. If you're all co-tenants renting the entire premises, I don't think such a restriction would be enforceable.

    6. What does your lease provide? If this isn't authorized by your lease, then no. But note the statements above about whether or not you are entering into a new rental agreement.

    7. Does your lease include the garage? If so, you can tell your landlord to remove her belongings.

    8. Why not simply exercise your existing right to terminate the agreement and move?

    9. Over what? Damage to the property?

    10. If they provide proper notice, and pay all of their obligations in full, then that should end their liability.

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