Legal Question in Landlord & Tenant Law in California
Payee liability
If I signed the check for first, last, and security but was not a tenant and did NOT sign a rental agreement, Do I have any liability for damages that someone else did as the true renter?
2 Answers from Attorneys
Re: Payee liability
No, you would not. In the absence of your express promise to guaranty the performance of the tenant, you are not responsible for the tenant's breach of the rental agreement.
Re: Payee liability
Under most circumstances you would not be liable. However, if you guaranteed the rent to the landlord or if you were part of the original lease agreement and failed to give notice of termination of tenancy, you could be held liable for past due rents and damage to the home. Also note that if you were not on the lease, the landlord will be sending the deposit refund (if any) to the tenants. Unless the landlord has a prior agreement, he cannot return the deposit to you.
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