Legal Question in Landlord & Tenant Law in California

my roommate is moving out and wants to remove his name from the lease. I have no where to go and and can't afford to pay the rent on my own. Can the property mgmt hold me sole responsible for the entire rent even though they know I can't pay the rent?


Asked on 12/20/09, 8:53 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Sure they can hold you responsible even if others have their name on the lease; each one of you agreed that the landlord would get X in rent a month. However, your roomate [change female to male gender] can not just remove her name from the lease and go without any further responsibility. She signed a contract and is bound by the terms of that contract unless the other side releases her. There often is a penalty charged by the landlord for early termination of the rental contract. But she also has a contractual dut to you to pay half the rent per month. You need to look for a new roommate or a much cheaper place to live. You can sue the ex-roommate for the damages she causes, but she probably has no assets but her pay chech and there are strict limits on how much you can get from it.

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Answered on 12/26/09, 9:02 am


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