Legal Question in Landlord & Tenant Law in California

Renting

My daughter is renting an apt in calif with a friend they have yr lease if the room mate moves out does she have to pay the full rnet or just half


Asked on 12/26/05, 7:57 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Renting

Absent a provision in the lease to the contrary, or a novation, both tenants on a lease would be jointly and severally liable for rent payments as they become due. Here, your daughter would be liable for the full amount of rent, even if her roommate moves out. However, she could sue the breaching roommate for 1/2 the costs thereafter if need be and that roommate could be located.

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Answered on 12/26/05, 8:00 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Renting

Unless the landlord and tenants have agreed otherwise, any co-tenant is equally liable for the entire rental monies (and other obligations under the lease).

If your daughter's friend has moved out, then although your daughter is still responsible for the entire rental payment, your daughter's friend is still liable as well. This doesn't mean that the landlord is required to chase your daughter's friend though. The landlord need only look to one of the tenants. If your daughter does not pay the full rent, she will face an eviction. Your daughter will have a claim against her now ex-friend for half of the rent.

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Answered on 12/27/05, 9:47 am


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