Legal Question in Landlord & Tenant Law in California

Re: breaking a lease

I assume you are at least 18 years old [under that you can not make a contract]. You made a contract with the owner of the place and the owner has done nothing wrong so there is no basis for you not to honor the contract. With you moving back to PA and your probably not earning that much money, you are effectively judgment proof, but a lawsuit on your credit history would not look good.

You could offer the landlord 1-2 months of rent and put another 1-2 months in trust in case your roommate fails to pay the rent for her to release you from the lease, but your roommate could also sue you for breach of contract since they now has to pay all the rent. They are much less likely to sue than the landlord.

I think the only way out without effecting your credit rating negatively is to work out a compromise payment with all three people or find someone to take your place as a tenant there.

Re: breaking a lease

Not likely. You are legally obligated to the landlord, 100% on the lease, just as you co-signers are obligated 100%. It's not as if each of you are only responsible for some proportionate share. It's what is called joint and several liability. The landlord can look to one or all of you for damages in the event of breach.

The problems between roommates is not relevant to the landlord, nor as a practical or legal matter, should they be. The rental contract is between landlord and the tenants (you and your mates).

At this point, if you cannot cut a deal with your soon to be ex roommates, then you will have to hope that they pay the rent. Otherwise, if they breach the lease, an eviction and unlawful detainer judgment (for money) will likely be on your record.

If you can cut a deal with the landlord, that would be best. Perhaps offering the landlord some money, the equivalent of a month or two of rent, in return for taking you off the lease?

And now you know one of the many dangers of being a co-signatory to a lease.

Good luck.

Re: breaking a lease

I agree with both of my colleagues.

Try to negotiate a deal with landlord and roomies.

Make sure if, and when, you do that you get everything in writing.