Legal Question in Landlord & Tenant Law in California

A friend & I signed our names on a one year lease. Five months into the lease things started going really bad. The house became a party house with all kinds of people coming and going. My so-called close friend had gotten two DUI's w/in a few weeks time, lost his job and thought he could supplement his income by selling weed. Wrong!!! The final straw was his arrest for possession of drugs. By this time I was done, with him and the low-lifes coming and going, the drugs and his disregard for my privacy. The living conditions were unbearable and I felt the immediate need to remove myself from the situation. The start of the six month I get a call from the landlord stating the rent hasn't been paid and he was giving us a three day notice. I sent landlord a letter stating all this and I was moving out of the property. The eviction process has started but the other guy still wont leave. Even though I'm not residing there am I still on the hook for his disregard to vacate the property.Or am I? I felt it neccessary for my safety and well being, as well as my property to get out before I got dragged into his downhill spiral. As it is, the landlord states we owe for two months back rent, " And the longer he stays the more money we'll owe so if I'm able to contact him...." I'm the only one that will return the landlords calls. He wont answer his phone and he's unable to be reasoned with. They havejust started the unlawful detainer process so they can't get the sheriff in their to remove him. I moved out two months ago and have washed my hands of that place and that guy yet he continues screwing me, playing games with the landlord and won't leave. For lack of a better legal term, how screwed am I in this situation? Thanking you in advance for your response. I truly value your advice and this site no matter how tough the answer may be!!!!


Asked on 6/02/12, 5:17 pm

1 Answer from Attorneys

To answer your earthy question with an equally earthy response: like a hooker on Fleet Week. The landlord is right as to the legalities between you and him. You have legal rights against your roommate, but enforcing them would easily cost more than what you're losing here. The only thing I can think that you could do, and it is not without risk, is to find a time when he is out of the unit long enough, if it ever happens, and move his stuff out and change the locks. Then surrender the premises to the landlord. It is illegal for the landlord to do that, but technically not for you to do it as a co-tenant.

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Answered on 6/02/12, 6:14 pm


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