Legal Question in Landlord & Tenant Law in California
Disolution of lease signed by two leasees.
A man and woman are living together and are both on the lease. One moves out, what recourse does the other have?
What recourse does the landlord have? I know both are jointly and severally liable for the whole amount but how is that inforced?
1 Answer from Attorneys
Re: Disolution of lease signed by two leasees.
Unless the landlord and tenants have agreed otherwise, any co-tenant is equally liable for the entire rental monies (and other obligations under the lease).
If one person has departed, then although the remaining tenant is still responsible for the entire rental payment, the departing tenant remains liable, as well. The landlord doesn't have to pursue the departed tenant if the remaining tenant pays. The landlord need only look to one of the tenants to pay the rent. If the remaining tenant does not pay the full rent, that tenant will face an eviction. The remaining tenant can make a claim against the departed tenant for half of the rent.
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