Terminating Lease + Requirement of All Lessee Consent

[thelawishard]

Jurisdiction

California

My roommate Arica was paying $1250/month for her room. Without our knowledge, Arica rented out her room to a new roommate for $800--$450 less than her rental obligation.

We only discovered this after the new roommate had moved in. Arica had refused to let us communicate with the new roommate prior to her moving in.

The new roommate refuses to pay market rate for the room. Accordingly, we will not be able to make next month's rent. I spoke with our landlord, and they are willing to let us terminate the lease with 30 days notice. However, the landlord requires the signature of all tenants on the lease.

Arica is still a tenant on the lease and is completely unresponsive to any attempts at communication. I have the following questions: (1) Is our landlord correct that proper notice absolutely requires the signatures of all tenants on the lease? (2) If so, does the fact that Arica has abandoned the property and is unresponsive affect the signature requirement?

 

[mightymoose]

Arica and the new roommate are your landlord's problem.
You and your other roommates agreed to pay the rent in full, not just your agreed share. You are all on the hook for the shortfall.
The signatures asked for are a formality the landlord wants, but not something you must get.
If you intend to move out then make sure you follow the procedure set in your lease agreement, which is typically a minimum of 30 days notice in writing.
Your scenario here is not at all uncommon and is one of the biggest risks when taking a roommate. Typically, if you can not afford to pay the rent in full on your own then you should find a cheaper place to live. That way if something like this happens you don't end up in a jam and out on the street.

 

[Michael Wechsler]

The situation is unclear. To me it seems as if the new roommate is not a signator on the lease with the landlord but a subtenant of Arica who is a signator on the lease. That said, we have no idea what is written on the lease. We can only presume. There is also no roommate agreement. My guess is as follows:

You might discuss the situation with the new roommate and mention that a shortfall in rent may result in the tenant and Arica being sued in court by you and your roommate - and potentially by your landlord pursuant to notices required under law, e.g. three day notice, eviction notice, etc. This is because it seems Arica is responsible for the extra $450 and may be subsidizing the cost so she doesn't have a total loss on her share of the apartment while she is absent. And if you provide 30 days to move out, this new roommate will be out of a place anyway. Your recourse for the extra rent would likely only be from Arica.

As @mightymoose states, roommate situations are always the most difficult ones since most of the time there is no operating agreement between the roommates and the success of the tenancy is a burden upon all the tenants, joint and several. Good luck.