Can Landlord change his mind about NOT renewing Lease with 1 co-tenant and not the other? (apartment, renters)
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There is some "behind my back" craziness with my landlord and other roommate/co-tenant as we end our year 1 lease. I could use your thoughts and help. Thanks in advance!
My landlord sent a certified letter to myself and roommate/co-tenant almost 60 days ago saying he was not going to renew our lease (in CA) and to be out by end of March.
Just recently my roommate started to post an ad for renting master bedroom (my room!) with photos of our place and even posted address (!) on Craigslist, Roomies.com and FB Marketplace. He does not talk to me anymore so having conversation about what it is about impossible.
Since my landlord has not returned any of my calls, emails or texts about pre move out inspection since he gave notice, talking to him about it is not an option as well.
I don't know if there is some legitimacy to these ads and my roommate and landlord colluded to get me out (for no legitimate reason) or my roommate is delusional. BTW, month to month is not allowed in this community. It must be 1 year leases, even for renewal. Rental market is VERY tight in CA for renters.
I always paid the rent as direct deposit into landlord's bank account via Zelle 2-3 days in advance. Was fanatic about keeping place maintained and cleaned. always complied with HOA rules. no guests over. ETC. you get the pic. My preference was not to move.
QUESTIONS:
1. would that even be possible when I am still on lease till end of month as co-tenant that landlord could allow roommate to continue on, even though last landlord communication to me is both of us must leave?
2. If landlord and/or co-tenant is doing something behind my back like this, is that even legal? what is my recourse? can I threaten one or both that this is not legal? Or ???
3. If roommate wanted to stay after March and landlord said ok, does not current lease have to finish out or am I am on the hook for any lease violations after that otherwise?
4. Wouldn't landlord have to communicate with me about this, if true, since he already documented he was not extending our lease?
1. would that even be possible when I am still on lease till end of month as co-tenant that landlord could allow roommate to continue on, even though last landlord communication to me is both of us must leave?
2. If landlord and/or co-tenant is doing something behind my back like this, is that even legal? what is my recourse? can I threaten one or both that this is not legal? Or ???
It's legal. At the end of lease, so long as the landlord gave proper notice of non-renewal and you notified them of your abiding by the non-renewal, they can decide to rent to someone else or to some of the existing tenants. The only rules are the landlord must adhere to all Civic Code requirements for end of lease, must return the security deposit for the old lease, and must use a new lease for the next tenants.
Quote:
Originally Posted by denisecorc
3. If roommate wanted to stay after March and landlord said ok, does not current lease have to finish out or am I am on the hook for any lease violations after that otherwise?
4. Wouldn't landlord have to communicate with me about this, if true, since he already documented he was not extending our lease?
Did you sign a separate lease for your space with the landlord or did it name everyone as mutual tenants?
Landlord is still required to communicate with tenants on issues covered under landlord tenant regulations such as the move out inspection.
If you want to re-rent the apartment under your own name, contact the landlord and see if it is available. But since he isn't returning your calls, I guess that is out.
I would move a couple of days early, turn in my keys as directed and take lots of photos of your sparkling clean space to avoid deductions from your deposit if he won't do a walk through.
1. would that even be possible when I am still on lease till end of month as co-tenant that landlord could allow roommate to continue on, even though last landlord communication to me is both of us must leave?
Yes, possible.
2. If landlord and/or co-tenant is doing something behind my back like this, is that even legal? what is my recourse? can I threaten one or both that this is not legal? Or ??? Of course it's legal
3. If roommate wanted to stay after March and landlord said ok, does not current lease have to finish out or am I am on the hook for any lease violations after that otherwise? If you have it in writing that your lease is over, you are good.
4. Wouldn't landlord have to communicate with me about this, if true, since he already documented he was not extending our lease? No. Your roommate could've set up new arrangement with landlord.
just seeing yours and everyone else's response. I don't remember getting notified I got any responses. thx for questions.
Yes, I and my roommate are co-tenants -- ie., both of us are on one lease. no separate leases or subleases.
Roommate during that time insisted he was staying, actually put full address of our place in his ad (which to me is safety/security threat) and started showing our unit to potential roommates, even though no warning/permission from me.
It turns out (although no notification from landlord), he's been in Taiwan (where he is from) since January and still there end of March to be with his "ailing" father which he says every year he goes. no way to reach him other than email.
He finally responded and reconfirmed we both had to leave at end of March. turns out my roommate is delerious and delusional. I have no idea what makes someone do such dishonest, passive agressive behavior but that is what I am dealing with.
Thanks everyone for all your great responses. I may need your wisdom again ).
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