Legal Question in Landlord & Tenant Law in California

mother and son rented a house. Mother's credit and income was the sole reason approved as she held account. Mother passed away, and realtor says son is still liable under roommate clause. Son has no income. How can son legally get out of lease? S


Asked on 11/15/09, 12:43 pm

2 Answers from Attorneys

Realtor is right. All son can do is move out with notice to the landlord. That obligates the landlord to re-rent the property as soon as commercially reasonable. Son will be liable for the rent until the landlord finds and moves in the new tenant, or until the end of the lease, whichever is first.

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Answered on 11/20/09, 1:13 pm
Melvin C. Belli The Belli Law Firm

It depends on if the son signed the lease. If he did then he is stuck, and if he didn't then is not.

Hope that helps, and good luck.

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Answered on 11/21/09, 1:39 am


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