Legal Question in Landlord & Tenant Law in California
Ex-boyfriend Not Signing Me Off Lease
My now ex moved into my apt w/me 2 yrs ago. He is and has not been employed during this entire time. I pay for the rent. Landlord required he be added to lease w/me when he moved in. I now want him out and landlord says we are equally on lease. My ex will not leave and says he cannot be forced to go. So I decided I should leave. Landlord said I cannot sign off the lease w/out my ex's signing the agreement as well. If I just leave, he will eventually be evicted as he has no job and this eviction will be tied to me as well if I cannot get off the lease. How do I get out of the lease if my ex will not agree to sign. The landlord is aware he is unemployed and I'm finacially responsible for the rent.
1 Answer from Attorneys
Re: Ex-boyfriend Not Signing Me Off Lease
You have an intriguing problem, so let's deal with this one item at a time.
The landlord is correct, in that you two are equally on the lease.
You need to avoid being served with an unlawful detainer (eviction), because it will ruin your credit history, and you'll find it difficult to rent for years (without a cosigner).
First, when does the lease expire? Secondly, it would help if you could fax me a copy of the lease, so I can look at possible answers to this mess. Thirdly, I can't, at this point, tell you how to get out of the lease. Fourth, your landlord may be a "meanie", but, at this point, he is a shrewd businessman.
After some answers from you, either by e-mail or phone, I can give you more feedback.