Termination clause in lease provokes evil landlord/owner

State: California

We would like to summarize the occurrences over the last few days to obtain some legal advice on how to move forward with our landlord. In June 2008- 4 tenants signed a 1 year lease agreement. The lease agreement stated if one person moved out of the house rent would be reduced from $2050 to $1800. As of December 1st, 2008 one of the tenants gave their 30 day notice to the landlord, which states:

"21. Termination - This agreement and the tenancy hereby granted may be terminated at any time by either party hereto by giving to the other party not less than one full month's prior notice in writing"


When the landlord found out the tenant was leaving, she informed the other existing tenants the rent would not be reduced and if not met the home must be vacated after 30 days. When the tenant sighted the formal yearly agreement stating rent would be reduced the landlord further threatened the existing roommates in retaliation. Some examples include the following: taking the 4th tenant to collections; moving into the 3rd room herself or forcing a new roommate of her choosing; and imposing a 12:00 curfew for visitors + $100 added fee for visitors past 12:00am. Now we have an emergency meeting with the landlord per her request on December 4th, 2008 at 8:00pm to discuss the issues at hand. If you could be so kind to answer the following legal questions; this would help our situation immensely. If you might know of any local authorities who may help if the issue goes any further- then we would greatly appreciate it.





1. Can 1 person move out and rent be reduced without consequences?

2. Do we need to find a roommate to rent newly vacated room?

3. Can landlord move into the room to occupy as 4th person on lease?

4. Can landlord force tenants to accept new roommate of her choosing?

5. Can landlord impose a time of night guest can leave by? ( Landlord is demanding guests leave by 12am if we have any over)

6. Can landlord charge $100 added fee/ night if any guests stay over?

7. Can tenants force landlord to remove all belongings left as storage in garage?

8. Can tenants break lease early if further harassments occur? (I.E. threats to sue, threats to bring to collections, un-notified visits etc.)

9. Can landlord bring leaving tenant to collections after 30 day notice was submitted?

1. Depends on what you mean as consequences. Rent can be reduced for that clause, but if each of you rented a room, the LL is free to try and re-rent that room to get back that rent he lost.
2. Depends on if you each rented a room and the "lease" was set up as the tenants as "roomers" or if it was written so that you share the entire house.
3. If you rented as roomers he can. The 4th room would be vacant and the LL can choose to fill it himself, just as he could choose to live in a vacant apt.
4. Again, if you rented as roomers, it would be smart to find another roommate that you can accept and who passes the LL's screening. Since your lease is not really a lease (it's a month to month agreement) and is able to be terminated at any time, the LL can give the remaining 3 a month's notice to terminate too. If it truly was a year's lease, neither party could terminate at any time before its expiration.
5. The LL can impose rules for health and safety, but cannot give a curfew unless you live in the house in which he resides.
6. Not unless it is stated so in your agreement. But remember, you have a month to month agreement and the terms of that agreement can be changed by giving you your state's proper amount of notice. This means he can increase your rent with probably only 30 days of notice.
7. Was the garage listed as your rented space in the agreement, or is the agreement silent on this area. If it is listed as your rented space, you can request he remove his belongings. If not, you can't because you have no legal right to that space. Again, he can charge this with only proper notice to you.
8. You don't have a lease if clause 21 is quoted verbatim. That clause allows either party to terminate at any time. No lease allows that. Only a month to month agreement allows that. By having that clause in there (IF you have quoted the entire clause) that turns this into a m2m. If you have shortened the clause for posting it here, you may be changing the legal meaning of it. If ir is quoted in it's entirety, you can terminate at any time by giving 30 days notice.
9. Only for rent not paid for that notice period or before or for damages not reimbursed by the deposit. If he tries, you can contest it and have it removed.

wow, good answers!!!