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  1. #1
    Join Date
    Nov 2009
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    2

    Default Non-Lease Holding Roommate Pays Rent to Prop Mgmt Co - Privity With Landlord

    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...

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Non-Lease Holding Roommate Pays Rent to Prop Mgmt Co - Privity With Landlord

    Your options are to work things out with her, let it go, or to sue her in small claims court for any money you believe you owe her.

    What's your "privity of contract" argument? Your landlord didn't take her on as a tenant - you did. As you said, she's not a party to the lease. Your landlord doesn't need to be concerned about who is paying your rent.

    Read this and this.

  3. #3
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Non-Lease Holding Roommate Pays Rent to Prop Mgmt Co - Privity With Landlord

    Well, my privity of contract argument would be that she has been mailing her rent checks made out directly to the landlord after she bounced a check to me and I refused to take her rent directly anymore. She mailed the rent to them, included the late fees that were incurred along with a letter/explanation to them as to why her portion of the rent was late.

    She has paid rent directly to them for three of the five months that she has lived here. My lease commenced in May. She has lived here since July.

    The landlord has accepted the rent from her, applied it to this unit, and not issued any notifications that I am in violation of any terms of my own lease agreement.

    They are noticed that she resides here, have accepted rent (and late fees) directly from her, and have constructively assented to her residency. No?

    So - privity?

    Also, you're telling me that I cannot issue a 3 day notice to her for any reason whatsoever?

    Not for: Failure to pay rent (original k amount); Failure to fulfill covenant (promise to pay security deposit - made in writing - which was due today); Nuisance?

    In other words, once I let someone into my home, I must live with them until they decide to move out or I do - with no recourse to evict them on my own?

  4. #4
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Non-Lease Holding Roommate Pays Rent to Prop Mgmt Co - Privity With Landlord

    Ok, a few things:

    1) Because you don't have a formal rental lease agreement with her, but she has been paying monthly, she is considered to be a month to month tenant and under normal circumstances, you would have to give her a 30 Day Notice to Vacate (assuming no eviction).

    2) YOU are ultimately responsible for all of her actions as far YOUR lease with your landlord goes. If she is late or bounces checks, it doesn't matter, you are responsible for the rent and late fees.

    3) Yes, you can serve her with a Notice of Nuisance with the proper eviction notice, but by the time you serve her the notice and get a court date, etc... she will more than likely be gone anyway. Save your time, suck it up and let her go.

    4) She is entitled to all of her deposit back if you didn't take any additional pet deposit. UNLESS, you can prove in court that the damage was done to the residence (your personal property doesn't count in this instance). And it could be called into question (if she chose to pursue it in court) how you calculated the amount and you would have to provide invoices for everything that is above 'normal wear and tear'.

    Check the HUD website for info on deposits for California.

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