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Me & my wife rented apartment & both our names were on the lease agreement.
After several months I temporarily moved to another city for studies & we decided to find her roommate to share expenses.
I didn't speak to Landlord & didn't sign anything.
But I wrote him the following text message:
Dear Xxx, hello! It's Xxx from apartment N. I have a request for you: a month ago I moved to N for a school & my wife is living in the apartment. We decided that we want to invite someone to live there with her instead of me (to share costs & rent). We found an Xxx, who's really nice, works in xxx & can provide all the necessary documentation to check her background. Can you contact my wife & schedule a meeting with her & this woman to sign all the papers asap? We want it all to be official, not just let her in without notifying you. Thanks!
Roomate moved in, paid his part of security deposit to my wife.
So the question is, that could the Landlord & my wife legally remove me from the Lease Agreement after my text message? And then add the other tenant instead of me? Or make a new agreement with only them two without me?
Or removing me on the basis of text message was illegal & their new agreement is not valid?
I plan to return back to this apartment & there's an extra room there to live in, which I want to occupy. Then at the end of lease agreement date I'd like to get my deposit back.
But my wife doesn't want me back there.
If my wife calls the cops on me because she doesn't want me there & I'll show them printed out copy of original lease & she shows them the new lease, what the cops will do?
P.s. question is about Calofornian laws in particular.
You want to move back in, but your wife doesn't want you there? Regardless of the legality of it, it's not a good idea to move back. Find another place to live.
First of all a txt doesn't make a situation legal. Your name not being on the lease may not be important or can be important based on your state laws regarding married couples.
You need to inquire with a lawyer but first need to make up your mind if making more of a mess is wise.
No, you cannot be removed from the lease without your permission. The police will do nothing as it's a civil issue. This in no way encourages you to try and move back in as obviously that's bizarre - but that's a subject for the relationship forum! And, by the way, as long as you're a party to the lease you're still responsible for the fulfillment of its terms. If at any time the LL sues for unpaid rent or damages, you're on the hook.
She did kick me out & I decided to go for studies but before that she convinced me to pay for a full month upfront.
Now I want to move back in several days after she pays rent to live this free month there & also get my part of deposit back.
If she convinced landlord that I'm not coming back when her roommate moved in, then they could make a new lease & I'm afraid if she calls cops & shows them lease without my name & I show a copy of lease with my name, they believe her not me & kick me out
She did kick me out & I decided to go for studies but before that she convinced me to pay for a full month upfront.
Now I want to move back in several days after she pays rent to live this free month there & also get my part of deposit back.
If she convinced landlord that I'm not coming back when her roommate moved in, then they could make a new lease & I'm afraid if she calls cops & shows them lease without my name & I show a copy of lease with my name, they believe her not me & kick me out
You will not get your deposit back until the lease has ended and the tenants have moved out. If you are taken off the lease and your wife continues to live there then you will make arrangements with her to return your part of the security deposit. The security deposit is attached to the lease.
To repeat - you cannot be removed from the lease without the permission of all signatories to the lease which includes you and nobody else can be added to the lease without that same permission. You are well advised to have yourself removed from the lease and removed from all obligations thereto, and stop looking to play games and fuel a fire.
If my text message could be considered as my permission to remove me from lease or replace me on it?
The text' s text is in the first post.
If not then I'll just print out copy of old agreement & move in & if the call the cops I'm still good.
You are not reading/understanding. NO, your text message is NOT a legal instrument which can remove you from the lease. Did your LL even respond to your text?
And again, the police will not intervene in a civil matter about a lease. Why are you so bound and determined to simply make trouble? Grow up and deal with this intelligently and maturely.
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hmmm...
