Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

My ex-roomie is going to take my boyfriend and i to a small

Customer Question
claims court for next months...
My ex-roomie is going to take my boyfriend and i to a small claims court for next months rent. We never signed a rental agreement, but we did try finding people to take our spot so the rent would be covered. They (the other 3 roommates) told us not to because they had a plan. Well there plan ended up failing and they are telling us rent is due. The reason we moved out is because the roommate who signed the lease allowed people to stay in our room while we were on vacation.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Pasadena, CA
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Didn't sign a lease
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
5 of us moved into a house together. Only one roommate signed the lease, we'll call her Julie. We had two bedrooms, we only used one and we're going to rent the other one out. Julie also had two bedrooms, we paid the same amount of rent. The 5th room belonged to our single roommate, who was paying the minimum. The last week of October, my boyfriend and I came home to find that people were in our room. There were dirty dishes, a cologne bottle and a women's deodorant, also stuff was moved off our couch. We then find out Julie had allowed her brother and his girlfriend to sleep over in our room without our permission. We confronted her about it, she said sorry then did a 180 and started throwing irrelevant accusations at us saying we argue a lot and that my boyfriend has anger issues for breaking our closet door (we replaced the door with curtains for easy access, the door is 100% okay) and other random stuff. This is all over text message by the way. The conversation ends when she calls my boyfriend a pussy. At that point we were done responding. Two days later we have a roommate meeting. The first sentence to come out of her mouth is "you guys need to move out or we're moving out". They all cornered us and completely dismissed the fact that Julie trespassed. At the end of it we told them we'd be gone by the weekend. We arranged everything that day, already gave away our furniture and made living arrangements with my dad. The first thing the next morning I posted an ad on craigslist so I could help find roommates to replace us before next months rent is due. I took a screenshot of the ad and put it in the group message, then right away Julie responds telling us to take it down because they had a plan. Then I clarified that the point of me helping out was so that we didn't have to pay next months rent. That day they clarified that they wanted to find someone specifically from our single roommates school, I told them again that we didn't want to be responsible for next months rent and that we'd be gone by the weekend. They were fine with it at the time. I also told them that we were cancelling utilities right after we leave. That same night they tell us that they found someone to rent our spare room. Then after that they all come into our room and our single roommate tells us he thinks we should stay, we're in shock at this point, we're just smiling and he's going on about how everything should be fine now that everything's on the table. We tell them we'll think about it. When they leave my boyfriend and I decided we wanted to avoid conflict so we'd tell them we can't stay because we've made arrangements, but of course that's not the reason, but we really had made arrangements and things were said that can't be unsaid. Also they gave away one of our rooms already. Everythingseemed fine at that pint, the next night we were almost completely moved out, we only had a couple small things to come back for. Then the day after that we got in another argument about utilities. When we get to the house to get the rest of our things the first thing Julie does is asks for our key back, my boyfriend breaks it (because ihe paid for it to be custom made and he didn't want her giving it to someone else). We continue loadinghe small stuff then my boyfriend realizes we still have to reinstall our closet door, but we didn't have a screw driver. So my boyfriend speaks Spanish to one of the landlords workers(who's worked on the property several times and was working on it that day) and asks if he'd reinstall it for 20$. He says yes. Then Julie gets pissed off telling my boyfriend he has to do it himself and that we have no rights anymore to be inviting people into the house. Which we did because we were still current with rent. My boyfriend continues arguing his point then Julie starts laughing at him when he's being serious, then he gets mad and starts laughing at her to mock her then she gets mad and kicks him out of the house saying "getthe f**k out of my house". I ask her for a screwdriver which she gives me one and I tell her I'll do it myself. Then my boyfriend ended up asking if he could come back in to help me with the door. We finished the door then we had a last discussion, which ended with my wishing them luck with finding roommates. This was last week. Two days ago they message us telling us that they need us to pay for next months rent because they didn't find roommates, (they're being picky, they want "ambitious and like-minded individuals"). Are we going to lose in court? We didn't sign anything, she trespassed, we tried to find replacements but they didn't want us to. Also our landlord is aware that we moved out, we told him the situation right after it happened, he's not strict at all and knows that the main person who signed the lease makes enough money to pay rent, that's why he only had her sign it.
Answered in 10 minutes by:
11/13/2017
Lawyer: legalgems, attorney replied 1 month ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 11,160
Experience: Just Answer consultant at Self employed
Verified
I am sorry to hear this. A lease may be written, oral or implied. So the fact that only one person is on the lease does not relieve the other roommates from responsibility. Each roommate would be treated as Co tenant's if the court finds a lease. Generally if a party was entitled to the use and possession of a property they are deemed tenants.If a person that is in position of a landlord (i.e. a roommate that essentially subleases) interferes with the other party's quiet use and enjoyment of the property, the innocent party can claim constructive eviction and end the lease and sue for damages ( ie relocation costs).
The implied warranty of quiet use and enjoyment cannot be waived.If the roommates agree to mutually terminate a lease they are permitted to do so, relieving the parties of future responsibility under the lease.Any dispute under $10,000 is in the jurisdiction of small claims court. The court will consider texts, emails and verbal testimony.
Ask Your Own Landlord-Tenant Question
Lawyer: legalgems, attorney replied 1 month ago
Information on small claims here,
Ask Your Own Landlord-Tenant Question
Lawyer: legalgems, attorney replied 1 month ago
http://www.courts.ca.gov/selfhelp-smallclaims.htmIncludes links to forms, tutorial videos, etc.Good luck to you on this. I am sorry you are having issues with this, especially the unauthorized access to your personal space.Further questions please post here otherwise kindly rate positively if you feel I have earned it! Thank you!
Ask Your Own Landlord-Tenant Question
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 11,160
11,160 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,920 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,103 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Can a landlord restrict a visiting child of a tenant from
can a landlord restrict a visiting child of a tenant from entering the property due to physical disabilities of which she has good care and guidance? The landlords' position being concern of an accide… read more
legalgems
legalgems
attorney
11,160 satisfied customers
I had got an apartment with a friend last year November but
I had got an apartment with a friend last year November but it not working out she need me to move do i have any legal rights being she only signed a lease … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,754 satisfied customers
What is the law that states that one spouse can not rent
second opinion] What is the law that states that one spouse can not rent marital property without the others consent? … read more
legalgems
legalgems
attorney
11,160 satisfied customers
Under California law, what are the tenant's rights inside
Under California law, what are the tenant's rights inside and outside the apartment that he/she is renting on a month-to-month basis? For example, in California, I am renting out a duplex. (For refere… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,754 satisfied customers
1) For apartment rental in Lake Isabella, Kern County,
For Barrister1) For apartment rental in Lake Isabella, Kern County, California, is it legal to charge rent and deposit for service dogs? 2) Where do I get information to collect money (rent, filing fe… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,920 satisfied customers
Can I sue the Landlord for disregarding property damage, and
Can I sue the Landlord for disregarding property damage, and totally turning her back on me only because the defender was her friend ? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
A new owner bought the building I RENT MY APPARTMRNT IN A
A new owner bought the building I RENT MY APPARTMRNT IN A DID EXTENSIVE RENOVATION FOR THE WHOLE BUILDING BUT NOT BEFORE GIVING ME A NEW LEASE THAT WITH EXPIRE NEXT YEAR, SO HE MOVE ME TO A bnb for th… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,920 satisfied customers
I've gotten a letter in the mail saying i have to be at
I've gotten a letter in the mail saying i have to be at court on thursday... And they want possession of my unit... How cud that not happen? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,417 satisfied customers
My stepson and I rented a condo in South Beach on August
My stepson and I rented a condo in South Beach on August 18th, 2014. My stepson signed the lease agreement and I gave her a check for the rent and security deposit in person. I have a copy of the leas… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,417 satisfied customers
I have leased the house to a tenant and he has finished his
I have leased the house to a tenant and he has finished his lease and left the house in pretty bad condition. I have incurred a lot of expenses, which are beyond the security deposit amount. The tenan… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,920 satisfied customers
I am a renter that moved into my current with a roommate.
I am a renter that moved into my current with a roommate. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,920 satisfied customers
What is the law that states that one spouse can not rent
What is the law that states that one spouse can not rent marital property without the others consent? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My mom has a tenant who pays late many times. She want's to
Hi, my mom has a tenant who pays late many times. She want's to evict them, Can she evict lets say even if they pay their rent on time most or all of the time. … read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
My husband and I were month-to-month after living at an apt
My husband and I were month-to-month after living at an apt for 5 years. We didn't give a full 30-days notice. If our old, expired lease said we were supposed to give 60-days notice to end our lease or go month-to-month, did we still have to give them 60-days notice to end a month-to-month lease? … read more
legalgems
legalgems
attorney
11,160 satisfied customers
The landlord is refusing to return security deposit and last
The landlord is refusing to return security deposit and last months rent. He insisted deposit did not include last months rent but I found proof it did. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,920 satisfied customers
I am filing an action to recover rent, damages and flea
I am filing an action to recover rent, damages and flea extermination after a tenant moved out without giving me notice. I don't have a forwarding address. I understand that if I can't get a forwardin… read more
Ray
Ray
Lawyer
Doctoral Degree
30,513 satisfied customers
I signed a lease last year and paid first month, last month
Hi Pearl, I signed a lease last year and paid first month, last month and security deposit when I moved in. I asked my landlord last month to extend my lease until September of 2018. The landlord said… read more
Lucy
Lucy
Juris Doctor
128 satisfied customers
In California, what are the legal responsibilities for the
In California, what are the legal responsibilities for the landlord and tenant (specifically, in regards ***** ***** outside of the building)?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,754 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x