Legal Question in Landlord & Tenant Law in California

Military Clause & Roommates

I moved to San Diego with my husband, who is active duty Navy. Prior to me moving here he signed a 6 month lease with two of his friends (also active duty Navy). When I moved out here I was added to the lease for a small fee.

Everything was going smoothly until my husband recieved orders 10 days ago that he would be going to Iraq, leaving in May. The lease will be up at the very end of May.

I'm moving back to the East Coast and he will be there on leave with me from April 6-27.

We spoke to leasing and can get out of the lease as per the military clause, but our roommates are having a cow because we don't want to pay May's rent, because we won't be living here at all.

Are we legally liable to pay May's rent?

And if possible would our breaking the lease, possibly break the lease for the roommates to? So that they may be realeased from it and able to move out come May 1st?


Asked on 4/03/09, 7:37 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Military Clause & Roommates

You are not breaking the lease if the landlord agrees to let you out of your legal obligation [which I believe he must under law]. The other two roommates are still liable to the landlord. The issue is whether you or your husband are laible. It would not make much sense that the landlord can not enforce the lease because of your husband's patriotic duty but the co-tenants could enforce it, giving your husband no legal relief from the government forcing him to not fulfill the terms of the lease. I would think you have no obligation to the two other tenants; in addition, how are they going to collect anythilng from your husband while he is in active duty since he can not be involuntarily served with legal process? They all knew the risk they were taking on the lease and must suffer the results.

Even if we do not agree with ex-President Bush' wilsedom and reasons for getting involved and staying in Iraq, thanks to both your husband and you for serving our country in an activity that most of us could not physically or mentally perform.

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Answered on 4/03/09, 8:24 pm


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