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It was up to you to research what a one-year lease is, before you signed it. And it's not the landlord's fault your roommates were dirty and loud. Like I said -- you could have left, but you should have done it in a legal fashion -- which would have cost you money. If I were the LL I'd sue you in a heartbeat.
I have to tell you that the landlord was my roommate. This guy was renting the house from the owner and then subletted the 3 other rooms to people like me. So my roommate/landlord is 100% responsible for everything.
But anyway....actually it is not the question if I'm right or wrong....I'm just thinking about my chances to get out of all that. I mean I will be only here in the country for additional 100 days....
David,
what does the sublease say about breaking the lease?
What does it say about problems?
Is the sublease a legal binding lease under the state law?
"ABANDONMENT. It shall be deemed a reasonable belief by the LANDLORD that an abandonment of the premises has occured where the, within the meaning of Civil Code Section 1951.2, where rent has been unpaid for 14 consecutive days and the TENANT has been absent from unit for 14 consecutive days. In that event, LANDLORD may serve writen notice pursuant to Civil Code 1951.2. If the TENANT does not comply with the requirements of said notice in 18 days, the premises shall be deemed abandoned."
and
"ATTORNEY FEES. In the event action is brought by any party to enforce any terms of this agreement or to recover possession of the premises, the prevailing party shall recover from the other party reasonable attorney fees.
It is acknowledged, between the parties, that jury trials significantly increase the costs of any litigation between the parties. It is also acknowlegded that jury trials require a longer length of time adjudicate the controversy. On this basis, all parties waive their rights to have any matter settled by jury trial."
Hm....does that mean that they can not sue me??? I'm confused.
Thank you very much for your help, PacificFlights!
It means that you would have to go before a judge instead of a jury trial. Not all trials are before juries.
I wonder if HIS lease allows him to sub-lease. If his lease prohibits it, then he couldn't legally rent to you anyway. Not sure how you would find this out though...
It means that you would have to go before a judge instead of a jury trial. Not all trials are before juries.
I wonder if HIS lease allows him to sub-lease. If his lease prohibits it, then he couldn't legally rent to you anyway. Not sure how you would find this out though...
Yes it is very complicated, but e.g. he has to get approval for all people who move in from the owner. Actually the owner has also co-signed my lease as witness.
But the main question is: Would this guy get me convicted within 100 days when he doesn't know my address? Also he has to wait for a long time until he can start suing (when you take a look at the abandonment paragraph).
But the main question is: Would this guy get me convicted within 100 days when he doesn't know my address? Also he has to wait for a long time until he can start suing (when you take a look at the abandonment paragraph).
I like how you come onto a message board frequented by landlords and ask a question like that. That's some cajones for you.
And you might take note that the fact that you plan on bailing on your legal obligation is now posted on the internet for all to see. Of course, I don't see how that could *possibly* come back to bite you in the ass later
I like how you come onto a message board frequented by landlords and ask a question like that. That's some cajones for you.
And you might take note that the fact that you plan on bailing on your legal obligation is now posted on the internet for all to see. Of course, I don't see how that could *possibly* come back to bite you in the ass later
Speaking as a landlord, I have to say that this situation is not your typical landlord - tenant relationship. Landlords do have an obligation to their tenants to provide a reasonably habitable domicile. In this case his landlord is also a room mate, who if we are to believe David35, made the living conditions intolerable, unsanitary and prevented him from having the peaceful enjoyment of his living quarters.
This is a good example of why you should never room with people you don't know very well first. Nevertheless, this landlord/roommate had some obligations to the tenant to maintain the living quarters in a sanitary condition and maintain reasonable noise levels.
My advice to David is to document all of the problems he had in a letter to the landlord and advise him that he is breaking the lease because the landlord made the living conditions intolerable. This will substantiate David's legal defense in case he does get sued, which I believe in this case is very improbable.
Lastly, since David's post here on the internet does not clearly identify him or even where he lives, its unlikely he has anything to fear from having shared this information.
In this day and age I would not count on the LL not being able to find you. People are incredibly easy to "find".
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