Legal Question in Landlord & Tenant Law in California

Rental Agreement
I had a roommate and we both signed a 6 month lease. 6 weeks into the lease the roommate was granted a tranfer through the leasing office, leaving me to pay for the rental by myself. The roommate gave no notice to me that he was leaving, I simply found him moving out one day. Is this legal and who should I be going after, the leasing office of the roommate? And who is responsible for the roommate's rent now that he has been taken off ''our'' lease?

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Asked on 2/13/08, 5:24 pm

2 Answers from Attorneys

Stanley Moerbeek The Law Offices of Stanley L Moerbeek

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Re: Rental Agreement

It depends on the terms of your lease. Does it make the obligations joint and several, meaning both of you were on the hook for the other's portion of the rent, or otherwise? If you were both responsible for the whole amount, then your target is the roommate for indemnification for his share of the unpaid rent. He can't just schmooze the landlord into leaving you in the lurch, even if he had notified you in advance. It was a six month obligation.

Does the landlord have any other units you can occupy for your share of the rent? After all, they put you in this fix in the first place. I'd see an attorney and see what he/she can do about getting you out of this lease situation. One side to the contract can't change the terms for the other side without their prior knowledge, permission or consent. There may be language in your contract that talks about modifications of the terms. Start there.

Answered on 2/13/08, 7:31 pm

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