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  1. #1
    gqmonsieurgq is offline Junior Member
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    Landlord Breaking the Lease

    What is the name of your state (only U.S. law)? California Law

    My landlord broke my lease by letting my roommate off the lease without my consent even though they knew he (we always paid half individually and I had paid my portion in its entirety) owed a balance for rent. By letting him off the lease, they said I alone was now responsible for the balance along with late charges. If I felt my roommate owed me money I would have to sue my roommate. They gave me a three day pay or quit notice and I was forced to pay what he owed though I did it with a letter of protest indicating I was not dropping my dispute. They said he was let off the lease using California Civil Code 1946.7 and they didn't need my consent because my roommate said he was the victim of domestic violence. There was never domestic violence but my landlord did not follow the procedure in obtaining a copy of the police report which the law states; otherwise they would have seen they had false information. I have attempted to settle the dispute by recouping the money they forced me to pay but they declined. Initially they said have never seen the report though they didn't need to. Instead of an actual copy of the report they merely needed a report number of a domestic violence case. I told them the report was not domestic violence and their legal advisor said if the report stated it wasn't domestic violence then things would change but until they see otherwise they would assume they have a proper case. When I showed them the actual report indicated it was not domestic violence, they said it still didn't matter. Now they will not call me back or respond to my messages anymore. What can I do to get my money back and do I still need to pay rent?
  2. #2
    Zigner is offline Senior Member
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    Sue the (former) roommate.
  3. #3
    gqmonsieurgq is offline Junior Member
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    But

    Well I understand that I can sue the former roommate but what protection do I have against the landlord. They broke the lease agreement with my roommate. It states in the contract no party can be let off the lease without consent of all members. That in itself breaks the agreement does it not?
  4. #4
    justalayman is offline Senior Member
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    protect you in what way against the LL?

    if your lease states that no party shall be release without the consent of all parties then yes, the LL has broken the lease. (based on your claim the release due to domestic abuse isn't valid)


    What can I do to get my money back
    sue your former roommate. Joint tenants are jointly and severally liable for the costs of the apartment. That means either you or the other party would owe the money. The LL can choose to seek payment from either party or both.

    and do I still need to pay rent?
    do you still live there? If so, then yes. Why would you not have to pay rent?

    If you believe they broke the lease, you would be released from the terms of the lease which means you would be able to leave without repercussions. It does not mean you don't have to pay the full rent owed while staying there just because your roommate no longer lives there.

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