Landlord kicked roomate out of lease?

[brich_07]

Jurisdiction

California

I am renewing my 6mo. lease, and was bringing in a new roommate to the house. The roommate and I signed the lease, but after it was signed my roommate didn't pass the background check given by my landlords and has dropped out. This person never physically moved in. The landlords have stated (I have text messages for proof) that they will just scratch out the other person's name on the contract, and make it a month-to-month. Then start the 6month contract I had signed, next month but with another roommate added to it.
It was hard finding a roommate, so with this opportunity I have decided to move out and give my 30 days, paying for this month-to-month and then leaving. Obviously the landlords are not going to like this, and I'm sure will try to say that because I had signed that 6 month lease, I will be bound to stay there.

My questions:
Would the original 6 month lease still be valid if one of the parties (that first potential roommate that signed) is out of the deal?
Can I use the physical text messages the landlords sent me that stated they will make this upcoming month a month-to-month as leverage that the 6mo lease(which specifically states the months the lease is for) is not valid?

 

[mightymoose]

The landlord may be able to hold you to that 6 month renewal, however the sooner you act the more likely you can get away from it. If they know you can not afford to live there without the roommate it is in their best interest to let you go and get a new tenant.
Just ask term about it. Tell them you relied on that roommate to pay the rent in full and will have to move out.

 

[adjusterjack]

Would the original 6 month lease still be valid if one of the parties (that first potential roommate that signed) is out of the deal?

Yes. Leases with co-tenants are "joint and several" (google it) so you are still bound by it.

Can I use the physical text messages the landlords sent me that stated they will make this upcoming month a month-to-month as leverage that the 6mo lease(which specifically states the months the lease is for) is not valid?

Depends on the terms and conditions of the lease. Leases typically have a provision that says that the lease is the only agreement and anything said outside the lease doesn't count. It's a toss-up as to whether you can successfully claim that the text message was a written modification of the lease.

Besides, this:

The landlords have stated (I have text messages for proof) that they will just scratch out the other person's name on the contract, and make it a month-to-month. Then start the 6month contract I had signed, next month but with another roommate added to it.

Looks like the agreement was contingent on you staying, not leaving.

 

[zddoodah]

The roommate and I signed the lease

Did the landlord also sign the lease and, if so, do you have a copy of the fully executed lease?

Once you answer this question, your questions can be answered intelligently.