Legal Question in Landlord & Tenant Law in California

Name still on rental agreement

I rented a house in 1980 with my Mother, and moved out in1992, which I made a big mistake never notifying the landlord that I have moved out, he knew I didnt live there, and my Mothers companian has lived there instead of me, aLL these years. Now my Mother and I are given a 60 day notice from landlord and his Attorney that we have to end tenacy by Dec 31, 2008, because the landlord is going to sell the house, and also the rent we paid was just month to month, not a lease, and the landlord,never revised the rent contact to show my Mothers companan name, what can I do now, can I still send him and his Attorney a 30 day notice saying I already moved out? Im afraid of being sued, if my Mother doesnt get out in time, and if I do send him a notice soon, would I still be held liable for anything, since the notice would be before 12312008? also any notices or rent increase always came in my Mothers name only, not mine, but I dont thnk my Mother ever kept any of them. thanks for any advice.


Asked on 11/03/08, 9:36 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Name still on rental agreement

The problem you now face is that even if you give a 30 day notice, its not going to protect you should your mother and companion not move. At this point, I doubt the landlord would willingly let you off the lease, so you are just going to have to do everything you can to make sure that your mother and her companion leave on time, and pay rent through the end of that time period. The time to remove yourself from the lease was at any time before this notice was served, because the landlord would probably have been fine with you doing so. Removing you from the lease while the apartment is still occupied is solely at the landlord's discretion since he qualified you both to live there and has you both on the lease. Now, with a pending 60 day notice, and an attorney involved, the landlord's position is going to be "the more the merrier" - he's better off with more people on the hook for the lease. Again, I would recommend that you just guide your mother through this process, find her a new place to live and get out cleanly.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/03/08, 2:02 pm


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