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In California I am a tenant on a lease; there are tenants in…

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In California I am a...
In California I am a tenant on a lease; there are tenants in the house who have moved in making a deal with a separate tenant on the lease, who did not discuss it or include anyone else on the lease in the process of moving them in. Do I have any rights in forcibly moving them out. There is no arrangement with the landlord and these tenants.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 5 minutes by:
6/24/2010
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 63,624
Experience: Experienced lawyer
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Hello and thank you for your question. You cannot forcibly remove them. You can notify the landlord who may choose to evict.
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Customer reply replied 8 years ago
I was never included in the process of moving these people in, did I have any rights to say no. Do I have any leal recourse against the person who moved them in?
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
The consent needed is the landlord's primary and yours secondarily. Pursue it with the landlord.
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Customer reply replied 8 years ago
The land lord was never involved in the process, but gave previous consent for us to fill the open rooms. Then neither the other people on the lease, nor was I consulted on the new tenants. They just showed up, having made a deal with one of us who hid the process from the others. This has made an unsafe environment to live in a place I am stuck on a lease, and I feel I should have rights to protection from this.
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
But as for standing to sue, it would belong to the landlord so you should alert the landlord that one tenant made a decision alone and you want the landlord to intervene.
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Customer reply replied 8 years ago
I have requested the land lord to intervene, in this issue and another and he has refused. The other issue is with this tenant overcharging the other's on the rent, and pocketing it. I am going to be suing both the land lord and that tenant for the money that the tenant gave me a receipt for that said rent and was not spent on rent. He refused to stop this person from embezzeing money from us, which I have written e-mail proof of him saying almost word for word that. Therefor he is no recourse.
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
I only see standing for the landlord. if the landlord wont pursue the occupancy or the rent being charged, I do not see your having standing to pursue it in court or otherwise.
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Customer reply replied 8 years ago
She gave me a receipt saying that she would spend $725 dollars on rent for every month from February to June. She pocketed between $150-$250 dollars of that for each month from March through June, and is telling me that I have to pay $725 again this upcoming month so she can pocket more. I have recites and bank statements to prove all of this. I believe in this issue I have standing to sue her, and the landlord for knowingly enabling it (To which I have e-mail proof). I do not believe i have standing to ask for anything but the money she pocketed. Are you telling me that that I have no standing to sue at all?
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
The landlord has standing to pursue it, not you. There is no privity of contract between you.
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Customer reply replied 8 years ago
Relist: Incomplete answer.
This lawyer is not giving me any information, he is just saying no. If he is right, which is not possible because other lawyers have said differently, then he needs to say why
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
I am not telling you what you want to hear perhaps. If you wish you can risk dismissal and sue co tenant and new tenant to force and pressure a settlement.
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Customer reply replied 8 years ago
Relist: Incomplete answer.
I re listed my question to get a second opinion, and would like a different respondent to give it to me. To clarify I believe fraud has been committed against me, and I am asking for what rights I do have. I understand that I do not have the rights that the previous lawyer has told me I do not, I am interested in what protections I do have, the next course of action, and ways to protect myself in the future.
Real Estate Lawyer: Legalease, Lawyer replied 8 years ago
Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,440
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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Hello. I am another lawyer here at Just Answer and I would like to ask a few questions:

 

1. How many people signed the original lease, including you?

 

2. How many people did the rogue lease signer permit to move in? Do these new people have equal living quarters with all of you -- or are they renting the rogue lease signers space ONLY?

 

3. Does the lease say it is permissible to assign or sublet a tenancy?

 

4. If permissible, does the tenant who wants to do so need the LL's permission?

 

5. Have you thought about using this whole mess as an excuse to break your lease and leave (I can give you some pointers on that also).



Edited by Mary M Esquire on 6/24/2010 at 11:00 PM EST
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Customer reply replied 8 years ago
1. There were four people to initially sign the lease and one to cosign. One person on the lease moved out the first month, when the "Rogue lease signer" told her that the landlord was kicking her out, this was not true.

2. The Rogue lease signer is renting out empty bedrooms, they are not in her space, and she is telling them she is renting communal bathrooms exclusively to them. She has rented one out long term to one person, and for two months rented out the other two to a large group of french men, followed by renting one to 3 russians moving into one room for a month, and another to a French girl moving in for three months. When the russians moved out a single person moved into their place for I don't know how long.

3&4. The lease sais "Assignment and Sub-letting, Tenant shall not assign this Agreement, or sub-let or grant any licence to use the Premises or any part there of without the prior written consent of the landlord. A consent of Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, su-letting or licence. An assignment, sub-letting or licence without the prior consent of Landlord or an assignment or sub-letting by operations of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement." At the signing of the lease there was to be a person living in the house not on the lease, and an open room, we needed to fill to make rent. The landlord said (not in writing) that we could fill the rooms, and sub-lease our rooms if we needed.

5. The land lord appears to be a reasonable guy, who does not want to be involved in any of this. He has offered to sign me off of the lease. I am searching for another place, but do not want to feel as vulnerable, so I would like advice for maximizing and best knowing my rights in the next situation. Also I do want a since of justice of vindication that the law protected me and got my stolen money back, especially if I have the option to bring to them the proof. If that is not possible, I understand, but I would like to know (at lease basically) why I am not protected.
Real Estate Lawyer: Legalease, Lawyer replied 8 years ago

Hello again. Okay -- I do agree with my colleague that you cannot specifically sue her to enforce the lease terms. That is up to the Landlord -- and from your description above I can see that the LL is not interested in getting involved with this matter. If she is going around subletting space that she is not supposed to sublet and the LL turns a blind eye to these sublets that she has been carrying on with (I think that his main concern is getting his rent money every month) then there is not much you can do to stop her from this behavior.

 

However, what actions you might be able to take against her for recovery of any monies might depend upon what agreements that existed (either verbal or written) between the tenants regarding the open spaces in the house that could be sublet. If there was a verbal agreement to share equally in the proceeds of any sublet and she failed to abide by that agreement then you can certainly pursue an action against her in civil court for failing to appropriately split the proceeds of these numerous sublets with you (and with the other tenants if they are part of the agreement between the 2 of you).

 

If there were no agreements between the tenants regarding the subletting and what to do with the proceeds of the rent collected from the sublet apartment and this rogue lease signer was pocketing the additional monies that you believe should have been used to decrease the overall price of the monthly rent, then you can sue for a portion of these monies using a legal theory called "unjust enrichment" -- depending upon the amount she collected and the amount that you want to sue for you can take her to small claims court in California for up to $7500 -- if the amount is more than that you will have to file a regular lawsuit (which makes the entire thing more complicated and expensive) -- unless the other tenants are also willing to sue her for unjust enrichment on the same sublet issues at the same time for their own portions of the sublet rent that she was withholding from all of you. (that is the actual term that you need to write into the court paperwork -- that there are/were 4 original tenants and by subletting the open spaces without full disclosure to the other tenants this was deceptive and when she made money off of it at the expense of the other tenants then she was unjustly enriched and she should be be forced by the court to share the proceeds of the sublet with the other tenants on the lease -- because she is renting out space that should be vacant and by doing so she is taking away the right of all of the tenants on the lease to the full quiet enjoyment of the property that they have leased out.

 

If the LL is letting you out of the lease early because of all of these issues, then you should get a written early termination signed by him setting forth that you are relieved of all obligations under the lease, including, but not limited to, the obligation to pay continued rent payments under the lease. If you do not get this written termination from the landlord, there is always the possibility that he can turn around and claim that he never gave you permission to leave early (I would hope that he would not do that, but you never know people -- if you know what I mean). If you leave, you can then bring suit against the LL for breach of the lease agreement because the LL failed to assist you in keeping the rogue tenant under control and that resulted in different persons in and out of the leased space -- all of which worked to violate your quiet enjoyment of the premises (that is another legal theory in property law - every person has the right to peaceful "quiet enjoyment" of property that they purchase or rent for the time that they own or rent the property -- and this theory can pull in any number of infractions that occur in the living space -- one of the rogue tenants threatening you, any incidences of disturbing the peace such as the increased occupancy). My suggestion is that if the LL is willingly letting you out of your lease and agreement, you should get that in writing from him before you attempt to pursue any claims against him/her. Your damages against the LL must be actual monetary damages in order to pursue the claim -- items such as moving expenses, or if any of the tenants who were not on the lease destroyed or stole your personal property during any subletting period of time.

 

I hope that these legal theories give you some ideas to pursue both the LL and your former room mate. The unjust enrichment theory is not a breach of contract action -- in the law, it is actually called an "off the contract" theory of recovery. Against the LL, the right to quiet enjoyment of the leased premises IS a contract theory of recovery and if you review the lease carefully it is probably written in the lease --- but even if it doesn't appear in the lease specifically, it is in the property law statutes of every state.

 

GOOD LUCK

 

Please press the GREEN ACCEPT BUTTON so I will be paid for my time

 

A BONUS & FEEDBACK ARE ALWAYS GREATLY APPRECIATED

 

THANK YOU !!!

 

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