Legal Question in Landlord & Tenant Law in California

lease agreement signing rules

According to our lease agreement it states that ''all residents of this apartment must sign a rental agreement.'' If one of the ''possible'' residents never signed the agreement and never resided at the apartment and the lease is now up, the apartment managers state that a new one can not be drawn up until this person signs to get their name removed from the lease, shouldn't the lease be void anyway if the lease is up and this person never signed it in the first place?


Asked on 1/03/06, 1:48 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: lease agreement signing rules

The contractual terms of the lease continue in effect indefinitely, the only change being that the terms of rent and rental increases are terminated. In order to be released from the lease, you need a release from the landlord. The landlord may release anyone from a lease, as long as the one being released has satisfied all obligations. The landlord need only draw up a new lease to expunge the old one. Good luck.

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Answered on 1/03/06, 5:57 pm


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