Legal Question in Landlord & Tenant Law in California

boyfriend&girlfriend tenants

Aug a boyfriend & girlfriend signed a 1 year lease. Dec the boyfriend calls to tells us he had a fight w/his girlfriend and was kicked out of the condo. He said he would not be paying rent this month. We set up pmt arrangement w/girlfriend and she paid for the month of dec. Boyfriend sends us a letter dated dec 12, stating he wants off the lease and wants his deposit back. We have not rec'd rent for jan. Do i send a 3day notice to pay or quit to girlfriend and boyfriend? Rec'd yesterday jan 10, boyfriend is taking us to small claims court for deposit and last month rent. Do I refund half the rent and do inspection on the property. Have both breached thier one year contact and can i hold the deposit until both parties are out


Asked on 1/11/06, 5:09 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: boyfriend&girlfriend tenants

The boyfriend has no grounds to sue you in the small claims court since he breached the lease. You are entitled to withhold the deposit and sue the boyfriend for breach of lease (or countersue in the small claims court for his portion of the January rent, plus daily damages for each day he refuses to pay the rent. You should post a three-day notice on the door with the both tenant's names on it. Then sue for eviction. You should really hire a lawyer to solve this for you. Good luck.

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Answered on 1/11/06, 6:13 pm


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