Problems/w tennants and their leases HELP

I am the original occupant of a property along with a roommate. When i left another girl moved in. The original girl agreed that i could stay in the third room, in front of my mother, when i came down on brakes. Now the new tennat has turned the other girl against me and is saying they both do not want me staying there. Both girls have seperate leases that say that they have use of the entire property. It's my mother's property. Can she draw up a third lease for me. Are seperate contracts for use of the whole property legal? If they are not, are they invalid? What should my mother do? also my mother provided then with free utilities in the lease but they are taking advantage. can my mother put a cap on the free utilites and require them to pay over a certain amount even though its not in the lease.

I don't quite understand how 2 tenants could both have leases that allow them use of the same entire property! How is that possible unless the two tenants are on the same lease or are listed as jointly and severally liable? It would seem that either could sue for the complete use of the property. How could she allow a second tenant complete use of a property she has already leased to the first tenant? This is not good news for your mother.

She definitely should not write a third lease. She is in enough problems as it is now. Should those 2 tenants start disagreeing and decide to fight this, they could each sue your mother for guaranteeing them the whole property. It would have been better if she had written them leases for their bedrooms and allowed them to use the common areas. If she had done this, she could have written a lease for you for a third bedroom in the same manner. But she should not write another lease now until these expire. 30 days before they expires, she should notify them in writing of a change in terms. Notify each tenant that when their leases expire they will be renting their own respective bedrooms and have the right to use common areas, but that neither will have sole and exclusive use of the property.

If she included utilities in the leases, she cannot change this until the leases expire. This is why most LLs either do not include utilities, or cap them as you describe.

I drew up the original lease for my first roommate which stated 1 room and all common area. The community we live in required a new lease for a new year. So my mother went to the website I printed the original from and accidently choose the wrong parameters. So there is nothing we can do? We just have to wait?

I don't see how you can do anything at this point. No lease can be changed until it expires(without the tenants' consent). They won't consent to change anything. Wait it out, and hope these two don't start fighting. If they do, mom has real problems since she signed leases that guarantee both of them the entire unit. They could both demand that she fulfill their leases.

[sandyclaus]

Originally Posted by Unregistered I don't see how you can do anything at this point. No lease can be changed until it expires(without the tenants' consent). They won't consent to change anything. Wait it out, and hope these two don't start fighting. If they do, mom has real problems since she signed leases that guarantee both of them the entire unit. They could both demand that she fulfill their leases.

The good news is that the 2nd lease specifies ONE ROOM (does it define which one?) and the rest of the house as a COMMON AREA. That alone clarifies that this person does not have exclusive use but shared use of everything outside the designated bedroom.

What does the 1st lease say? Does it refer to common area or exclusive use of the remainder of the house?

actually the original lease for the first roommate, that said one room, was for last year. the community required a new lease for her for a new year. I dont know why. my mother messed up the wording when she made it. So both girls have an individual lease that says they have use of the whole property. She made two seperate leases because the new girl had a co-signer and the original roommate didn't. she was trying to help the original roommate's credit by letting her have the lease by herself, she hasn't been late on rent or anything though. I don't really think that either girl realizes that the same property can't be leased to two people though. The are very happy living together. the first girl actually wasn't going to stay unless the other girl could move in. So im not very worried about them arguing. I just wanted to know my options.

That's what I thought you said. You no longer have ANY lease that says it is for one room plus common areas. Your mom has 2 leases that state the tenants are leasing the ENTIRE property.

Hopefully the tenants will finish out the leases without problem. But all you can do now is wait for them to run out, then issue notice that the terms have changed to read one room plus use of the common areas. Make sure she gives them the appropriate amount of notice per your state law to change their terms.

She wants to end their leases after these ones finish. Is there a certain way she should go about doing this?

Simply give them the required amount of notice for your area (30-60 days) prior to the end of the lease that it will not be renewed. State that the tenants should be out at the end of the lease and should return all keys to the owner by xx/xx/xx date. Unless you are in NH, NJ, or under rent control, that is all that is required.

[sandyclaus]

Originally Posted by Unregistered Simply give them the required amount of notice for your area (30-60 days) prior to the end of the lease that it will not be renewed. State that the tenants should be out at the end of the lease and should return all keys to the owner by xx/xx/xx date. Unless you are in NH, NJ, or under rent control, that is all that is required.

CA law requires 30 days notice to terminate for persons occupying the property for up to 1 year, 60 days for a year or more. Make sure the notice is given with enough prior notice to end with the expiration of the lease.