Breaking lease from crazy person, what are my rights?

Quote from autotuneuser : This is the lease http://www.freebies4ya.com/agreem..._Lease.asp Are you an attorney? Most people I've been talking with have basically said bend over, and I know it's a weak move, but seeing as she is crazy, I'd rather her be out my life than drag this out.

This woman is a genius.

1.) sign up tenant 3 mo lease
2.) wait 3 days or so
3.) get high on painkillers, slit wrists (not too bad, and the painkillers make this easier)
4.) curl up in fetal position near front door, waiting for tenant to come so he can freak out, call 911, etc.
5.) call tenant 17 times next day demanding crazy shit to heighten the fear in the tenant
6.) collect 3 monts rent in 2 weeks time
7.) repeat step 1.)-6.) 24 times in one year
8.) profit!!!


(btw, op, you're pretty weak for just not answering the phone and talking to her. Stop wastng peoples time speculating without even talking to her.)

Quote from autotuneuser : This is the lease http://www.freebies4ya.com/agreem..._Lease.asp Are you an attorney? Most people I've been talking with have basically said bend over, and I know it's a weak move, but seeing as she is crazy, I'd rather her be out my life than drag this out.

lol - no I just play one on these forums. But seriously, you have given her 2/3rds of the rent due and stayed a week? If it was me, I would sue her for everything you gave her.

I think if you did go to court, as well as undisclosed mental issues of your roommate, you could also use this to your advantage.

"10. NOISE: RESIDENT agrees not to cause or allow any noise or activity on the premises which might disturb the peace and quiet of another RESIDENT and/or neighbor. Said noise and/or activity shall be a breach of this agreement. "

And did you get these?

"15. HOUSE RULES: RESIDENT shall comply with all house rules as stated on separate addendum, but which are deemed part of this rental agreement, and a violation of any of the house rules is considered a breach of this agreement. "

Quote from okashira : This woman is a genius. 1.) sign up tenant 3 mo lease 2.) wait 3 days or so 3.) get high on painkillers, slit wrists (not too bad, and the painkillers make this easier) 4.) curl up in fetal position near front door, waiting for tenant to come so he can freak out, call 911, etc. 5.) call tenant 17 times next day demanding crazy shit to heighten the fear in the tenant 6.) collect 3 monts rent in 2 weeks time 7.) repeat step 1.)-6.) 24 times in one year 8.) profit!!! (btw, op, you're pretty weak for just not answering the phone and talking to her. Stop wastng peoples time speculating without even talking to her.)

I did talk for a couple minutes, but I had classes all day yesterday, plus I was in the process of moving, I didn't have time to set aside and get all our issues resolved.

On the plus side she hasn't called today.

Quote from dealgate : lol - no I just play one on these forums. But seriously, you have given her 2/3rds of the rent due and stayed a week? If it was me, I would sue her for everything you gave her. I think if you did go to court, as well as undisclosed mental issues of your roommate, you could also use this to your advantage. "10. NOISE: RESIDENT agrees not to cause or allow any noise or activity on the premises which might disturb the peace and quiet of another RESIDENT and/or neighbor. Said noise and/or activity shall be a breach of this agreement. " And did you get these? "15. HOUSE RULES: RESIDENT shall comply with all house rules as stated on separate addendum, but which are deemed part of this rental agreement, and a violation of any of the house rules is considered a breach of this agreement. "

No house rules, but it doesn't seem like they were required. I'll reply back tomorrow after I have time to set aside and go into detail with her with what she wants exactly.

Just to reiterate for everyone, it was never an issue of me being afraid of talking to her, I just didn't want to say the wrong thing and have it be used against me (also, it had only been 10 hours since she was in the hospital, sheesh), and also me wanting to get a full grasp of my situation and options..but when you repeatedly call over and over and leave voicemails threatening to sue me, the situation changes--my opinion of you goes from "she's depressed" to "she's outright nuts", and that's a new criteria I had to re-evaluate.

Quote from dealgate : lol - no I just play one on these forums. But seriously, you have given her 2/3rds of the rent due and stayed a week? If it was me, I would sue her for everything you gave her. I think if you did go to court, as well as undisclosed mental issues of your roommate, you could also use this to your advantage. "10. NOISE: RESIDENT agrees not to cause or allow any noise or activity on the premises which might disturb the peace and quiet of another RESIDENT and/or neighbor. Said noise and/or activity shall be a breach of this agreement. " And did you get these? "15. HOUSE RULES: RESIDENT shall comply with all house rules as stated on separate addendum, but which are deemed part of this rental agreement, and a violation of any of the house rules is considered a breach of this agreement. "

The "RESIDENT" is the tenant i.e., the OP. OP didn't do anything to disturb the peace and quiet of a neighbor, as he only called 911. He wasn't playing his music loudly. If you're trying to say attempted suicide is disturbing the peace, that's a big stretch...

OP, I'd say you have no case. You can sue and countersue and threaten all you want, which may work. But, the landlord's mental health, physical health, or lack thereof, is not a valid reason to break a lease, even you are renting a room in the same house.

Call her back, see what she wants, and go from there. You may be able to reach an agreement which both of you are happy with. If not, the lease stipulates you pay for 3 months, you paid for 2 already, so you owe her 1 more month.

How many more excuses and justifications are you going to make?

This would be a great radio call. Call this lawyer on the radio for free Len Tillem 1866 5361000, he is on at 3 pm pst. He is funny and his advice is pretty good, he gets a lot of tenent- lease issues. Seriously, call him.

MAJOR UPDATE:

I went to the house to pickup my books I ordered from Amazon for school, the door was locked (I got a key to the main door, not the screen). I called the courts and they said I could use this as evidence SHE evicted ME, which would break our lease, so I was told to get a cop to come out to help me retrieve my packages.

Cop comes out, I ring doorbell and she comes downstairs (she looks like shit) and refuses to give me the packages until we discuss the lease. Cop tells her that she can't hold onto my personal property, she still refuses to give up my packages, cop tells her it'll look bad in court, she doesn't care (I knew this wasn't solely about the money). Cop writes it all down and we walk away, cop advised me to go to small claims, as she cannot legally force her to open the door. I also need to file a complaint of being refused entrance to the place I had paid rent for, which will hopefully break our leasing agreement

Oh yea, cop ran a background check on her and went "oh my". I guess she has a colorful history.

Also, since I cannot enter the residence anymore, I have no intention of mailing her anymore checks since I feel I have a pretty strong case now, instead of the gray area I was in before.

Nice, come back and give us an update after your court case.

yea she f'd up, Id have to say the law was probably on her side before that. Start filling paperwork with the court although I suspect you may never see the money you already gave her back despite what a court says.

Quote from flatlight : What damages will he be suing for?

+1

Quote from autotuneuser : I did pick up and it was about the lease, I told her I'd talk to her tomorrow. She's already left voicemails saying I owe her money, I need to figure out how much she wants.

What is there to figure out? Just ask her. She's obviously not well, but you're just dragging this out needlessly. Find out how much she wants, decide whether or not you are going to pay it, and if not, tell her so outright. If it goes to court though, you'd better have better justification for not fulfilling your contractual obligations than "she's crazy."

Quote from autotuneuser : ran a background check on her and went "oh my". I guess she has a colorful history. Also, since I cannot enter the residence anymore, I have no intention of mailing her anymore checks since I feel I have a pretty strong case now, instead of the gray area I was in before.

Fair enough.

Quote from moey : yea she f'd up, Id have to say the law was probably on her side before that. Start filling paperwork with the court although I suspect you may never see the money you already gave her back despite what a court says.

+1

Quote from autotuneuser : MAJOR UPDATE: I went to the house to pickup my books I ordered from Amazon for school, the door was locked (I got a key to the main door, not the screen). I called the courts and they said I could use this as evidence SHE evicted ME, which would break our lease, so I was told to get a cop to come out to help me retrieve my packages. Cop comes out, I ring doorbell and she comes downstairs (she looks like shit) and refuses to give me the packages until we discuss the lease. Cop tells her that she can't hold onto my personal property, she still refuses to give up my packages, cop tells her it'll look bad in court, she doesn't care (I knew this wasn't solely about the money). Cop writes it all down and we walk away, cop advised me to go to small claims, as she cannot legally force her to open the door. I also need to file a complaint of being refused entrance to the place I had paid rent for, which will hopefully break our leasing agreement Oh yea, cop ran a background check on her and went "oh my". I guess she has a colorful history. Also, since I cannot enter the residence anymore, I have no intention of mailing her anymore checks since I feel I have a pretty strong case now, instead of the gray area I was in before.

You won already. In CA if the landlord locks the doors or stops the utilities this looks so bad on the landlord the judge will look at the landlord like an abuser. Basically don't waste your time on her like the officer said go to court and file for a small claims and fill all the paper work; you have this case won, another plus is the officer has all this recorded and written ask for a copy and show it to the judge in court a sworn officer on your side gives you another reason why the landlord is no good. Do not get a lawyer you don't need one this is a simple matter just be prepared to talk to the judge and what your going to tell he/she. She has nothing on you at court to back herself up no matter what she says the judge will rule on your side. The judge is going to rule back all the money you paid (deposit and rent etc) she can't hide anything if she doesn't want to pay back just fill out some more paper work to get ahold of her bank accounts.