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Old 11-27-2011, 05:16 PM
 
1 posts, read 5,317 times
Reputation: 10

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Hi,

Im not sure if this is the right forum for this kind of question, so if anyone has better suggestions, please feel free to refer me elsewhere.

My situation is a little complicated, Ill try to keep it as short and simple as possible.
I recently relocated to an apartment in San Francisco. Previously, I was renting a room in a house in Daly City with 3 others, but the whole situation got extremely messy which is the reason I moved out. Said situation included 2 roommates who moved out suddenly, a third very unreasonable roommate and a foreclosure notice from the government (the landlord insisted on it being a phishing scam) and generally a poorly maintained house.
I notified the landlord at the beginning of november of my decision to move out. I have also paid the rent for november.
The only problem is the fact that I signed the lease for a year (which goes to next year April), and I obviously dont want to pay the rent for a house I dont even live in anymore.
My concern is whether the landlord has any legal ground to insist on my rent payment, even though I have already told him a month in advance of my relocation? Also, would it be my responsibility at all to look for a replacement?

If anyone knows anything about this kind of situation, I'd be very grateful for opinions, similar experiences or facts (basically, anything! ) or if you could just refer me to someone who knows his way around this stuff.


Thanks!
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Old 11-27-2011, 10:21 PM
 
Location: USA
643 posts, read 1,149,237 times
Reputation: 466
I just poked my head in here for a moment, but I'd seriously suggest reading your lease. It very likely spells out the terms of the rental, and for breaking the lease.
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Old 11-27-2011, 10:34 PM
 
Location: California
37,032 posts, read 41,957,933 times
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You will have to read your lease and place a call to the landlord.

What worries me about this siuation is that TWO people "moved out suddenly". If they were on the lease then much depends on whether you are individually responsible for 1/4 of the rent or jointly responsible for the full amount.

Subleasing isn't that uncommon and usually you would be responsible for finding your replacement, but your lease might say something different.

As it stands it sounds like you could be responsible for that house until April, unless you take action.
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Old 11-28-2011, 01:36 PM
 
13,711 posts, read 9,168,781 times
Reputation: 9840
The law states that if the landlord is able to re-rent the place within a month after the tenant moved out, the tenant is not responsible for the period remaining on the lease; not even the the time during which the tenant vacated, the unit is empty and the landlord is not collecting rent.

If the landlord is unable to rent the place for over a month, the tenant is responsible for paying the rent until the landlord is able to find a new tenant or until the end of the lease.

Usually the tenant helps the landlord finds a replacement, thereby ensuring that the tenant is not responsible for the remaining rent.

Sometimes the lease has an "out" for the tenant, you'll have to read it for yourself.

Also, talk to the Tenants Union in the Mission District. They ask for a $10 donation per visit.

.
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Old 11-28-2011, 02:36 PM
 
Location: San Francisco Bay Area
140 posts, read 435,239 times
Reputation: 135
Default Talk to the landlord

You didn't mention if all 3 names on lease for the apartment. The landlord technically can claim rent through end of lease if you moved out prior to end of lease, and the landlord is unable to re-rent your room.

I've managed properties for over 30 years in various states, and many 2 & 3 bedroom condos in San Francisco and the East Bay. Tenants do this to me all the time - write letter saying moving out, one of them, when 3 names are on lease. I'm like ??????

Now I add to leases that they can put a new tenant in their room, if new tenant has good credit, non-smoking, approved by other roommates, and good reference (usually just go with employment verification), for a roommate swap fee of $300 to cover my time to do paperwork, prepare brand new lease, and run credit, etc. I am understanding that situations change, especially with young people, jobs, etc.

Call the landlord, don't just bail out and disappear. They can put a negative on your credit report, and also a judgment against you for balance of rent. Communication is the key.
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Old 07-13-2012, 12:05 PM
 
1 posts, read 4,766 times
Reputation: 10
Default Who pays the swap fee?

I am currently trying to do a roommate swap. I want my name on our lease replaced with the name of the guy moving in. Our lease allows for reassignment/subtenancy but does not list a $300 fee (coincidentally the same amount as yours) anywhere. The landlord is trying to make me pay the fee just for changing the lease text even though I have already found a new tenant who meets all of their criteria for moving in. Seems unfair since we are month-to-month renters. Any thoughts?


Quote:
Originally Posted by Jasmine658 View Post
Now I add to leases that they can put a new tenant in their room, if new tenant has good credit, non-smoking, approved by other roommates, and good reference (usually just go with employment verification), for a roommate swap fee of $300 to cover my time to do paperwork, prepare brand new lease, and run credit, etc.
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Old 07-13-2012, 03:46 PM
 
13,711 posts, read 9,168,781 times
Reputation: 9840
Quote:
Originally Posted by itskylem View Post
I am currently trying to do a roommate swap. I want my name on our lease replaced with the name of the guy moving in. Our lease allows for reassignment/subtenancy but does not list a $300 fee (coincidentally the same amount as yours) anywhere. The landlord is trying to make me pay the fee just for changing the lease text even though I have already found a new tenant who meets all of their criteria for moving in. Seems unfair since we are month-to-month renters. Any thoughts?

Landlord is under no obligation to replace names on the lease. Yes, the law permits you to replace a roommate, but it doesn't require that the landlord put his/her name on the lease. If you are in a rent control unit, and the landlord is dumb enough to put your new roommate on the lease, just pay the damn fee and get it over with.

If you're not in a rent control unit, well, the landlord can charge you whatever the hell he wants anyway.
.
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Old 02-21-2015, 09:50 PM
 
1 posts, read 2,349 times
Reputation: 10
I lives in daly city my roommate is not on the lease and hes causing problems can i kick him out pls help
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Old 02-23-2015, 07:20 PM
 
13,711 posts, read 9,168,781 times
Reputation: 9840
Quote:
Originally Posted by Mariaok View Post
I lives in daly city my roommate is not on the lease and hes causing problems can i kick him out pls help
That depends. Is he a subtenant or is he a co-tenant. You have to figure that one out first. And then what city you live in and whether the unit is rent controlled.

If he's your co-tenant, legally no, you cannot kick out your co-tenant because only the landlord has the power to do that. Even though his name is not on the lease, when you (or the landlord) accepted his share of the rent payment from him, you have in fact created a tenancy.

If he is your sub-tenant, you may or may not be able to. It depends.

.
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