Legal Question in Landlord & Tenant Law in California

Breaking a shared lease

I currently live with two other roommates who are on the same lease. Long story short, we do not get along and one roommate who has a child with discipline issues. This child has threatened to harm my child and also burn the house down. I have found other potential tenants to share the lease. Can my current roommates keep me from breaking my part of the lease, if the landlord is willing to allow someone else to assume my portion of the lease? The landlord states that the lease has to be resigned by all parties in order to remove me from the lease. When the lease was signed I had no employment. I recently gained a new job that is located over 40 miles from the home. I would like to move closer to my job. Is that reason enough to legally to get out of the lease? Please Help!!


Asked on 6/21/05, 1:12 pm

1 Answer from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Breaking a shared lease

No new lease is required by all the parties to sign. You don't need a new lease. The landlord may simply release you from the lease and that will be the end of your matter. As to the replacement tenant, he can sign onto the existing lease by agreement that would be attached to the existing lease. The landlord doesn't have to complicate things. Good Luck.

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Answered on 6/21/05, 1:31 pm


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