Legal Question in Business Law in California

Two people on one lease

I sihned a two year lease with another woman renting a small business space. There is a year and a half remaining on the lease and the other woman has stopped paying her half of the lease as of Oct 1 2000. She is moving her equipement out of the space and leaving me hanging with the whole lease payment. The landlord is now going to take my half of the deposit to pay her part of the rent for Oct. Do I have a legal right to retain her equipment as coladeral for the money she now owes me?


Asked on 10/13/00, 2:38 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Two people on one lease

You do not have a legal right to treat the property left behind as collateral and you do not have a lien on it. In fact, you have a duty of 'slight care' to take care of it for her!

Perhaps wisely, perhaps sadly, the law does not allow this kind of self-help.

Were you in business with the other woman, or purely sharing space? This may affect your rights (and risks). Could anyone infer a partnership? If so, see a lawyer.

If it is just (!) a matter of unpaid rent, your best bet may be small claims court.

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Answered on 11/06/00, 5:50 am


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