Legal Question in Real Estate Law in California

eviction rent due?

me and my partner signed a 3 years lease on a warehouse in july03, i have sold all my share to him in april04 with a contract stating he is responsible for the lease since the landlord won't let me take out my name from the lease.

he then got evicted on 12/05 and i received a bill of oct05-mar06 rent due in the amount of $9000, my question is should he be only responsible for the rent from oct05-dec05 since he got evicted dec05?

and the property management have transfer it to a collection company, do i have to first pay the bill and go after my ex-partner to get the money back?


Asked on 6/03/06, 12:08 am

3 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: eviction rent due?

yes you are responsible to the landlord -- only if when you sold your interest to your partner you recieved from the landlord a written statment absolving you of any further liablity you still owe him -- the real question is what did you do in writing with your partner initally but more importantly when you sold your share -- yes in writing -- even if it wasn't in writing which i have found in practicing real estate law for over 30 years you still have rights but you need a very good attorney expert in r.e. law immediatly, yesterday -- sssoooooo get off your chair and make an appointment with such an attorney in person and follow their advice --- good luck

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Answered on 6/03/06, 10:06 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: eviction rent due?

If you found the previous answer confusing, don't feel alone; so did I.

The answer is that you are liable to the landlord but are also entitled to reimbursement from your ex-partner.

That's the basic situation. There could be facts that would change this, but that would be unusual.

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Answered on 6/03/06, 12:31 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: eviction rent due?

You don't have to pay the collection agency first. You should probably sue your ex now. You could wait until the agency hires an attorney to sue you and then you would file a cross-complaint against your ex, hopefully forcing him into the case to pay the agency directly.

Of course, if he's a deadbeat, you might be wasting your time.

If you want to cut a deal with the agency, now is the time to do it. Once suit is filed, most creditors are less willing to cut deals.

Call or email if you need help. We deal with these types of issues daily.

Good luck.

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Answered on 6/03/06, 2:25 pm


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