Is written agreement between tenants binding?

[dragonfly420]

I moved in with a friend of mine over a year ago. He was subleasing from a friend of his (who had moved out), and could not afford the rent on his own. Since having his sublease agreement approved, new management took over the property and were unaware of the agreement. When they found out that two people who weren't on the lease were living here they had us both fill out applications to rent, which we did promptly. There was an issue over the former tenants getting back their security deposit, and a new lease was never signed. We continued to pay the rent and had no problems with the LL.

Recently, my roommate moved out, and his friend notified the LL to terminate the lease. I found a new roommate, and signed a written agreement with him to share the premises, outlining the amount of rent to be paid. The agreement also says that the new roommate will submit an application to the LL, and if no lease is in place at month's end the agreement will continue on a month-to-month basis. A few days later the new roommate revealed his insanity to me when he told me he couldn't stand the place, that it was filthy, and he was only staying for 30 days, only to tell me a minute later that I would have to take him to court to get him out. The next day he left me a voice message saying he had notified the campus police and the disciplinarian at my community college (we don't even live on campus), saying that I had accosted him. I had told him, with a little bit of frustration in my voice, that he could leave sooner if he liked, and I would refund a prorated amount of rent.

I notified him the next day, in writing, that our rental agreement would not continue, and that he would have to leave by April 1. This notice was handed to him by his counselor at school, whom I had scheduled an appointment with specifically for that purpose. Upon reading the notice, which included a mention of a verbal agreement for him to pay half utilities, he declared that he never agreed to pay utilities, and that I would have to take him to court to get him out. Minutes before this he had complained about how filthy the place was, that he couldn't stand living there, and that I was withholding heat from him. I'm from the northeast and don't need heat in southern California, and so I never had it turned on. This person continues to refuse to pay any utilities. He has also filed a police report on me for reading his Sunday paper.

I want this person out of my apartment. I do not have a lease, though the LL took my check for this month's rent, and all the utilities are in my name. I am a legal tenant on the property, and have spoken with the LL about this, who does not like the new roommate very much either, since he called the LL threatening to bring in fair housing boards and health regulations boards and such. I hadn't informed the LL about the new tenant (my bad). I just wanted someone in there who would pay half of the rent, which he did, by way of a personal check made out to me. The LL has since told me not to accept rent from anyone, or move anyone in who he has not appoved first, even if it means paying only part of the rent next month. Is our written agreement binding, or does there need to be an agreement between he and the LL? Does he count as a tenant and I the LL? Is he a lodger? Does he have any rights to stay, or can I lock him out on the first, or call the police and have him removed? Do I need to wait 30 days from the date on the notice? Do I need to go through formal eviction proceedings with this person? I thought I had it all figured out, but the more I find out, the more confused I get. Somebody please clarify.

 

[NYClex]

It depends on your state's laws. For general information have a look at this pretty good explanation of California's laws. Most states' laws are similar: http://www.dca.ca.gov/legal/landlordbook/catenant.pdf

 

[dragonfly420]

I already read all that. I wasn't really clear on what to do in my situation, so I was hoping for a little more insightful commentary than just - go to this link and read it. Thanks.

 

[Michael Wechsler]

It sounds to me like you may have an agreement that is different than that of a typical lodger although I cannot say for sure -- from my understanding you can only provide notice that is no less than the time between rental payments, which is 30 days here. Can you simply terminate your agreement with him by non-renewal? It's the easiest way to get him out without dispute as to the nature of your relationship. In addition, you may want to send a written notice of the termination -- send it via certified mail -- and also mention the issue concerning the slander and/or libel threats that he alleged occurred and that he has stated clearly that he will breach the lease at month's end. (This is called an anticipatory breach.) As such, you should also notify him that he will be responsible for all reasonable legal and enforcement fees to remove you and that based upon his statement

Do not bypass the certified mail route. Make sure your roomate gets this message or is aware it is coming. If he refuses to accept the certified mail then you have some good evidence of your roomate's bad faith. Do not be intimidated.

 

[dragonfly420]

Thank you sir. That is much more helpful, though I am still confused as to the proper procedure for removing him. I expect that he will be in breach of our "contract" as I suspect he does not intend to pay me the rent. What if I were to lock him out? He has only been here one month, so he does not have much of a case as to his tenancy. If locking him out with his stuff is not an option, can I lock him out of the part of the apartment that I live in? That would include the bathroom but not the kitchen, and I think it would encourage him to move out on his own. He has left the door to the apartment unlocked when he goes out, so locking my part would secure my belongings.