Legal Question in Civil Litigation in California
I signed a lease with three other people for an apartment, 2 of the people decided to break the lease. And now both have filed for bankruptcy. The apartment complex wants to be paid for 3 months lost rent since that�s how long it took to rent out the apartment after the tenants left. Can I legally be held responsible for the full amount due by the apartment complex since the other 2 refuse to pay? Does the Apartment have to split it 3 ways since all three people signed? is it legal for one person be held responsible for a broken lease with 2 other responsible parties simply because they decided to bail out?
2 Answers from Attorneys
You are probably responsible for the entire amount, though I cannot be sure without seeing the lease agreement. Note that management had to make a reasonable effort to find new tenants; if they did and the process took three months despite their efforts, then their claim is fair.
The law allows the landlord to collect the full amout they are owed from any one of the three. The one is then entitled to indemnity and contribution from the other two. Unfortunately, the bankruptcies most likely cancelled that right.
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