Month to Month Situation

[AColl51]

What is the name of your state? CA

I've been living in my apartment for almost 4 months now and have decided that this is not the best living situtation. Over the past month the upstairs neighbors have been incredibly noisy at all hours of the night. I raised my first concern to the landlord a month ago along with some repairs that needed to be done in a letter. Following my first contact I have had several conversations with the landlord over the unbearable living situation and nothing has been done about it. Now I have come to the conclusion that it's time to move since I'm not getting much sleep and losing all sanity.

Now when I moved into the apartment I was basically replacing a roommate that had left a month before. I didn't sign a lease but instead signed a roommate agreement. Here are some highlights from the agreement:

June 11, 2007

This is to certify that [...] agree to be roommates at [...]


One-third of June rent [x] and a security deposit of [y] are due no later than June 15th. At any time, the lease terms can be made available by the landlord, and all three parties agree to them.

I agree to a monthly rent of [x], paid directly to the landlord on the 15th of each month. In addition, 1/3 of the cable bill will be paid to [] and 1/3 of the electric bill will be paid to [] monthly.

[...] commit to this living arrangement for a minimum of 6 months. If at any time a roommate needs to move out, she must give the others at least one month’s paid notice and do everything within reason to find a replacement roommate who everyone generally agrees upon.

All three roommates agree to an attitude of teamwork, cooperation, and respect; looking out for everyone’s best interest at all times.

I would assume that all I need to do is give my 30 days notice, try my best to fill the room within that 30 days and make sure that the room is in good shape to get my deposit back. Is there anything that I'm missing here?What is the name of your state?

 

[Hot Topic]

You committed to being a "roomie" for a minimum of six months, and the others may dispute that you have a good reason to move since they apparently have been dealing with the noise.

You will have to pay your share of the bills until you move out.

Did you send the landlord a letter via certified mail, return receipt requested, regarding the repairs? Did your roommates?

 

[AColl51]

I honestly don't think my roommates would dispute my leaving.They are aware of my problem with the noise. My only responsibility to them would be the advanced notice, any bills due and an attempt to fill the room within those 30 days and longer if possible.

As far as my contact with the land lord goes, I put the letter in his mailbox and attached was my rent check. This wasn't sent certified. The rest of my contact was by phone. I just feel like he continues to put things off and that's nothing new. My roommates made several comments about how long it takes him to respond to their requests. Now I'm just thinking that since I didn't sign a lease, I'm not contracted to stay in the place longer than a month if I supply written notice.

 

[AColl51]

Let me also add that the noise is only above my room. Our house set up is strange since above us there are 2 apartments. On one side the people are quiet and the other side where my room is the people are extremely loud. So my roommates don't encounter the same level of noise as I do. Also, the repairs that I have requested are for my room only. They would have no reason to get involved in this case.

 

[OHlandlord]

I don't believe you will be able to just leave without liability now. You have been there less than 4 months but the agreement you signed says,

[...] commit to this living arrangement for a minimum of 6 months.

That's a 6 month lease. So unless you can find a roommate to replace you immediately, you will be responsible for the rent and your share of the utilities for 2 more months yet.

You said,

Now I'm just thinking that since I didn't sign a lease, I'm not contracted to stay in the place longer than a month if I supply written notice.

But by your own admission, you agree that the LL can supply lease terms for which you will abide.

At any time, the lease terms can be made available by the landlord, and all three parties agree to them.

So while you didn't sign the lease directly, you did sign a paper agreeing to abide by all the terms of that lease.

Noise from a unit above is a common problem in apartment complexes and duplexes alike. It is not legal grounds to back out of your agreement. Unless the repairs you asked for, and the LL hasn't made, render your area uninhabitable, it's not a legal excuse. Sorry, but you can still be held liable for the rent until 6 months is up unless you find someone else to take over. I'd start looking for a new roomate for them if you don't want to pay.