Legal Question in Landlord & Tenant Law in California

I am currently renting an apartment with 4 other people. I did not sign any type of papers nor did I sign the contract. Also I was never notified of what was on the contract besides the fact that it was for one year. Now that i'm planning to move out before the one year due to a personal situation, I asked the member who signed the contract, if I was able to speak to the landlord about a question I had on my deposit. I was told that the landlord wishes to not have his contact info given out to anyone that he doesn't know include myself, but I am renting his place and cannot contact him in anyway. The member on the contract never spoke of the contract with anyone until now when I asked to speak to the landlord about moving out so with that said I was not able to contact him myself. From me, all I wanted to know was if I was able to use my part of the deposit to pay for the last month that I am here since I know that in some cases people can. but I was told by the member that based on the contract, I am her tenant which I still have to follow the contract but I was never notify of what was on the contract nor have i seen the contract and never signed any papers. Then she told me that if I dont find a replacement for myself, I will still be accountable for paying all the other months until the contract is over even if I am not living there. What are the legal laws in this situation that I am in when i never signed a contract or see it. Will I be accountable for paying the months that I won't be living there until the contract is over?


Asked on 12/05/13, 10:02 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

How can you be responsible for a contract that you have never seen nor have signed? Tell that roommate of yours that you need a copy of this so called contract. If you are not given the contract make the request in writing giving 5 days to receive. If yout still do not get it then there is no contract. Hence you cannot be required to pay for the balance of the alleged term. You are simply a month to month tenant.

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Answered on 12/06/13, 7:21 am


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