My question involves a roommate in the State of: CA
My question involves a roommate in the State of: CA
Hi. I have a roommate who is not on the lease. Prior to her moving in with her pet, I told her no deposit unless it becomes an issue or my landlord requests it. It's become an issue, as her pet has damaged both my personal property and the apartment itself.
I requested a nominal deposit from her, and she agreed to pay it. This was all done in writing via email. Instead of paying the deposit, she has now issued her 30 day notice.
Also, when she moved in, her rent was for a certain amount, but my son moved in after two months, occupying the couch, conditioned upon his residing here, I reduced her rent by $100 per month. He lived here for two months, I notified her the day his residency was terminated - indicating that unless the Court ordered otherwise - it would remain this way, thus informing her that her conditional decrease had terminated. I did not state it this way, as I believed the conditional decrease to be clear, and the subsequent termination - and purpose for informing her of such - to be clear. Again, this was all done in writing.
After she bounced her rent September rent check to me, I had her mail her checks directly to my landlord. They accepted her checks and applied them to the rent. There have been no notices of any lease term violations relating to her occupancy here or payment of the rent on this unit for the last three months.
It has now come to my attention that she has failed to pay her originally contracted rent amount in full to the landlord, as she believes her obligation to be frozen at the courtesy decrease rate, and that I am required to have given her 30 days notice for a "rent increase".
Obviously, we don't agree. Her rent rate was $650 when she moved in. When my son had to move in due to an urgent situation, as a courtesy, I covered an extra $100. I notified her when that situation terminated, which was ten full days before the next rent was due - and 14 days before any late fees would commence. She had no problem agreeing to a decrease of $100 that she was informed of 6 days prior to rent being due...and then proceeded to write me a bad check for it.
Anyway.
She is now "nickel and diming" me so to speak, and as stated above, in what I believe is an attempt to avoid paying a security deposit that she has already agreed to - in writing - and leaving me holding the bag on damages her dog did, submitted her 30 day notice.
So my question is: What are my options?
Do I have a valid argument for privity of contract with the landlord, and if I do, does that mean that she is now a tenant through the end of the term of my lease, or does this mean she is month to month with them?
If there is privity, then doesn't she need to submit her notice to the landlord? If so, how are security deposits handled? (My landlord is holding $1395 of my money, and it would be a shame to lose any of that to her)
If there is privity, and she is built into the full term of my lease (until the end of April) now, can I recover for half of my security deposit in a small claim, and leave her to recover her portion from the landlord upon move out, like I have to?
If no privity with landlord - can I issue a 3 day notice? If I can, can I issue it for two things: failure to pay rent AND breach of covenant (remit security deposit and have my throw rugs - not carpeting- cleaned - her dog urinated and defecated all over the rugs in the common areas and in her furnished room - and they are not inexpensive rugs).
If no privity with landlord, can I issue a 3 day for non-curable waste/nuisance because her dog is urinating/defecating all over the place, or am I misinterpreting the meaning/use of this notice?
And, after all is said and done - what, exactly am I entitled to recover? Can I recover for the damages to my personal property by her pet? Can I recover the deductions the landlord makes at the end of my lease term from the damages caused by her pet?
And my final question off topic, but just curious:
Does an illness - such as cancer...and having to move back to another state to get treatment etc. give one a valid reason to break a lease in CA? Is there such a thing?
Sorry for the long post. Ultimately, I'd like to be able to exercise the last option, and just get her the heck out of here, and then go after her later for unpaid rent and damages. But that might be me - living in a dream world on that one.
Thanks for parsing through this one...

