Roommate/Landlord Hostility

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EriMonkey

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Here's the situation:

I'm 22, female, human, and renting a room in San Diego, CA (my hometown). My boyfriend (G) and I both moved in on the first of April, after a former acquaintance of ours, "Mikey", moved out. Mikey had found "Chris", the property owner/landlord/other roommate through an ad on Craigslist. He mentioned that Chris was a bit "off", but we didn't notice anything that would create an unbearable living situation. Apparently, we're fucking blind…or he can fake a good first impression.

Fast forward to present day. I have spent the last four-ish months in a living Hell. The guy is an alcoholic sociopath, compulsive liar, and extreme tightwad. He has stolen my iPod (Mikey's was also stolen), countless packs of cigarettes, my boyfriends medicinal brownie (which was still clearly labeled from the clinic) and a multitude of other items. He lies on a daily basis, directly to our faces , when there is overwhelming evidence that he is full of shit. Additionally, the freak is DIRTY. Beyond questionable hygiene, shady dishwashing habits (water and detergent conservation!), stockpiling rotten produce in the kitchen, etc.

The fact that he is gay is immaterial…I'm all about equality and social justice, so more power to him. The fact that he is forty-nine and brings home nineteen-year-old boys is a bit disturbing. He makes sexual references and flirtatious gestures to all of our male guests, most of whom are under 25. We can't entertain anymore.

Last night I awoke to him talking on MY cell to my friend Sal, on whom he has a crush. When he hung up he handed me the phone and asked if it was mine. Really? Then he denied stealing another pack of cigarettes that were on the end table when I fell asleep.

I want OUT…immediately. Unfortunately, he kind of has me in his corner. I still owe him about three hundred in back rent from when I was still catching up on my finances. He has been cool about it, but reminds me every day. I have always intended to pay him every penny I owe, as soon as feasible, but he's saying I'm "not allowed" to move out until I'm at zero balance, because he's worried I'd bail on the delinquent rent and he'll never see me again. Here's where it gets interesting…there was never a written lease involved. So, TECHNICALLY, he can evict me at will, without notice. By that same token, I'm not legally obligated to pay him…and I wouldn't. If he wants to play hardball, he'll never see another dime from me. I don't know if the oral rental agreement would hold up in small claims court, but I don't want to wait until I'm there to find out.

I'm about to lose it, and either implode or break his goddamn jaw. Any suggestions on achieving escape velocity? Thanks in advance.
 
You might want to rethink your assumption that because you don't have a written lease, you are not legally obligated to pay him.

In the absence of a written lease, a renter is considered to have what is commonly known as a "tenancy at will". How long this lease is depends on how often rent is due. The most common length is a month to month tenancy; the tenants pay rent once a month and the lease begins on the first day of each month and ends on the last day of the month. The lease can be terminated with the same amount of notice (i.e., a 30 day written notice).

http://www.dca.ca.gov/publications/landlordbook/before-rent.shtml

As the attached states, oral agreements are certainly binding in court.

If want out of this lease, type up a written notice today and hand it to Chris. You have then served him notice that in 30 days, you will be moving out.

Can he still sue you for the $300 back rent you owe? Certainly. If he wins, court costs will also be added to this judgement. It would be better for you to try to pay off what you owe in the next 30 days.

Gail
 
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