Legal Question in Landlord & Tenant Law in California

Landlord and Tenant
To years ago, I cosigned an apartment but was shortly after asked to leave by my roommate. Two days ago, without any previous notification, I find out my wages are being garnished because the roommate broke the lease after I left. She told me she had handled the lease already and owed no money for it. But here I am getting sued for over $8000 two years later. What are my rights as a cosigner. And how do I find out when the property manager brought in a new tenant so I am not liable for the missing rents after that?

Asked on 9/05/08, 12:13 pm

2 Answers from Attorneys

Richard Pinette Law Office of Richard Pinette, APLC

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Re: Landlord and Tenant

Based on the information you provided, you have already been sued, a judgment was entered against you, and the landlord has pursued collections on the judgment (i.e. the wage garnishment). It's likely your roommate is also named in the judgment.

What isn't clear is whether you left without the landlord's permission. The fact that you roommate asked you to leave doesn�t' matter. You were obligated to fulfill the terms of the lease/rental agreement. Absent consent of the landlord, you remained obligated for the term of the lease.

NOTICE: No attorney-client or confidential relationship is created through this communication. The information provided is of a general nature only and does not constitute legal advice or a legal opinion and requires that the poster obtain legal advice from an attorney to protect his or her rights.

Answered on 9/05/08, 12:52 pm

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