What is the name of your state (only U.S. law)? CA
Yesterday I got the wonderful (harhar) news from my roommate that she is putting her thirty day notice in and expects her deposit (which barely covers her rent) to be used towards rent for the month of November. I am subleasing to her, and asked her to sign a contract identical to the one my land lord and I signed when I moved in. She said she wanted to have her lawyer look over it, and I never asked for the signed copy back (my dumb fault... ). In the lease that we went over it clearly states that the deposit shall not be used in lieu of the final months rent. She has written me a note stating that she never signed a lease, and does not expect or know the guidelines that we originally went over. What rights does she have in this situation, and what rights do I have? Can I have her removed from my property if there is no written legally binding agreement between us?
The frustrating part is she had verbally agreed on a six month lease with month to month after that, I put her deposit in a six month CD. (Six months would be the middle of December) Also, I will be out of town during the time she expects me to move in a new roommate. Having her move out now will be a large financial problem for me, from the extra rent, the lower cost of living in my area during the winter, and so forth. I would prefer to have her move out by the end of the next week so that my chances of finding another room/housemate is higher, is that legally possible? There have been no confrontations between the two of us since she moved in, and I've responded to every concern she has had. She also purchased household belongings that were destroyed in a sewage incident, which were reimbursed by my landlord. I purchased these originally, who has legal ownership? Any insight into how to handle this situation would be greatly appreciated. I'm confused, disappointed, and emotionally distraught.
To sum it up---
Does she have any right to be here without paying rent if she did not sign a legal document?
Yesterday I got the wonderful (harhar) news from my roommate that she is putting her thirty day notice in and expects her deposit (which barely covers her rent) to be used towards rent for the month of November. I am subleasing to her, and asked her to sign a contract identical to the one my land lord and I signed when I moved in. She said she wanted to have her lawyer look over it, and I never asked for the signed copy back (my dumb fault... ). In the lease that we went over it clearly states that the deposit shall not be used in lieu of the final months rent. She has written me a note stating that she never signed a lease, and does not expect or know the guidelines that we originally went over. What rights does she have in this situation, and what rights do I have? Can I have her removed from my property if there is no written legally binding agreement between us?
The frustrating part is she had verbally agreed on a six month lease with month to month after that, I put her deposit in a six month CD. (Six months would be the middle of December) Also, I will be out of town during the time she expects me to move in a new roommate. Having her move out now will be a large financial problem for me, from the extra rent, the lower cost of living in my area during the winter, and so forth. I would prefer to have her move out by the end of the next week so that my chances of finding another room/housemate is higher, is that legally possible? There have been no confrontations between the two of us since she moved in, and I've responded to every concern she has had. She also purchased household belongings that were destroyed in a sewage incident, which were reimbursed by my landlord. I purchased these originally, who has legal ownership? Any insight into how to handle this situation would be greatly appreciated. I'm confused, disappointed, and emotionally distraught.
To sum it up---
Does she have any right to be here without paying rent if she did not sign a legal document?
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