Legal Question in Landlord & Tenant Law in California
Rental agreement
I co-signed a month to month rental agreement. In the first month I got a job offer overseas and told the landlords that I'd be leaving at the end of the month, and asked to have my name removed from the agreement. Then they told me that they originally did not run a credit report for the other person since my credit was good enough. When they ran a credit report for the other party and found it unsatisfactory, they decided to keep my name on the agreement. I was not able to pursue the matter until it is resolved as the landlords went on a vacation and I moved out of the country. Now I have learned that the co-tenant received a 30-day notice and the matter might end in an eviction. I wrote to the landlords and asked to have my name removed and that I could not be held liable for any of the proceedings in writing. They responded by saying that they would not remove my name from the rental agreement. What are the legal implications of having my name on the rental agreement should it go into eviction? Would it affect my credit standing if the former co-tenant is evicted? Thank you.
2 Answers from Attorneys
Re: Rental agreement
If a judgment of unlawful detainer (eviction) is obtained, it will affect your credit score.
Since this is a month-to-month lease, I would have preferred that you had given your notice of termination of tenancy when you decided not to live there.
But since you're not living there, and you've so indicated in writing, you should have some decent defenses to the unlawful detainer action (to wit, you are not a detainer).
I'm local - call if it gets to court.
Re: Rental agreement
As a co-signer, you agreed to be held liable for the rental agreement, whether it was you, or your cosigner who defaulted.
It is why we must read what we sign, and understand documents, even though most people just go ahead and sign (including lawyers).
Unfortunately, you also should have just given 30 day notice, rather than asking to remove your name.
You are responsible, and your credit will definitely be affected. An eviction is as bad as a bankruptcy, especially to landlords, and means that for seven years you will have enormous difficulty renting, as well as other major financial hits.
Even now, give a written 30 day notice, which will alleviate problems only if they don't proceed to eviction prior to the end of your 30 days.
You will almost certainly need an attorney to help you if there is an eviction. E-mail my office if you are unclear about your situation.
Good luck!
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