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December 22, 2010
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  • Mood: Bitter
I can't find any answers on the web and the office is closed so I was
wondering if anyone here is familiar with apartment renting/lease laws
in California.

Long story short, one of 3 other roommates is dropping out of school and
is leaving the 3 of us to cover her part of the rent without finding a
replacement. Under the lease she would have to continue paying her part
of the bills until the replacement is found or the rest of us agrees to her
departure since all of us are liable/equal within the lease's power.

However, when all 4 of us signed the lease at the beginning of the renting term
in August her name never got on the lease for some reason. Her application and
credit was confirmed and added to our file but for some reason her name doesn't
show up on the official lease document.

So my questions/hypothetical questions are:

A) Say that this was the fault of the staff member in charge of our lease,
will the leaving roommate still be viable to continue paying rent or is she
free because of a mistake an employee made?

B) If this wasn't the fault of an employee and merely just some kind of error on
her part due to irresponsibility will she still be held accountable even though she's not 'officially'
on the lease?

C) Say that (B) is actually what happened. But since she isn't officially on the lease
would the staff member be at fault because he gave her the keys to the apartment
even though it's against policy to give someone the keys to an apartment complex
without being named on the lease?



I realize none of you are lawyers or anything but I'm just trying to see if I can
get some immediate information before having to take this issue to a small
claims court.
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:iconninjkabat:
ninjkabat Featured By Owner Dec 23, 2010  Hobbyist General Artist
Focus on what the lease says you have to do. If it says you all have to agree with her departure in order to take on the financial responsibility, then just don't agree with it. It sounds like the clause is meant to mean "if one person just up and leaves, they're responsible for finding a replacement; and if the three people kick one out, they take on the responsibility of the rent."

It sounds like you didn't kick her out, but that she's leaving. So if the lease says "the tenant has to agree upon the roommate's leaving to be financially responsible," then just don't agree and leave it up to the staff to force the leaving person to pay.
Reply
:iconcuboidal:
Cuboidal Featured By Owner Dec 23, 2010
Here's the problem.
Just found out today that she never signed the lease
when the 'new'/'revised' version was sent out to her
in September.

Which means she for some reason refused to sign the lease
and can now get off free as she pleases.

But I would think it was the staff's responsibility for
letting her live here even they were full aware that she
didn't sign the lease and they gave her the keys anyway.

Wat is going on.
Reply
:iconninjkabat:
ninjkabat Featured By Owner Dec 23, 2010  Hobbyist General Artist
A new version? Did she sign an old version? If there's even an old version she signed, they can hold her responsible for that.
Reply
:iconcuboidal:
Cuboidal Featured By Owner Dec 23, 2010
She didn't sign the old version because the office told her to wait and sign the new one. I don't even know why there's a new one at all.
Reply
:iconninjkabat:
ninjkabat Featured By Owner Dec 23, 2010  Hobbyist General Artist
Lame. Just focus on finding a replacement, then. I agree that it sucks that you're going to be held responsible for the landlord's mistake, but if I had a nickel for every time I've heard that exact same story, I might be able to buy a bottle of water, or something.
Reply
:iconcreatortrent:
Creatortrent Featured By Owner Dec 22, 2010
*cracks knuckles and puts on glasses*
ITS THE LAW

No, but seriously-
Read the lease, and it's fine lines, make sure that you know what you all signed. If the person approved the lease with the credit, but not the name that's the fault of the person, and your points are correct. I'm not sure why you're asking for help, you're pretty damn smart, and you've gotten it most figured out lol xD

It's hard to help you just because I don't know what you guys signed.
Reply
:iconseiwuwuwudo:
Seiwuwuwudo Featured By Owner Dec 22, 2010
I suggest that you do A, B, C altogether, because you can't be too sure that it isn't the staff's fault. I'm not an expert at this, but talking to the staff might help.
Reply
:iconjuunshi:
Juunshi Featured By Owner Dec 22, 2010  Hobbyist General Artist
I'm sorry, I can't help. :C
Good luck.
Reply
:iconlolman9000:
Lolman9000 Featured By Owner Dec 22, 2010
i know someone who might be up on this, let me see if i can find them

if not, there is one other person i know in the california area, but it would take even longer to ask him
Reply
:iconcrobdan:
Crobdan Featured By Owner Dec 22, 2010
I say we murder her.
Reply
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