Legal Question in Landlord & Tenant Law in California
rolling lease''
My daughter is moving into a 2 br apt with a roommate in Isla Vista, CA. She and her roommate are giving their deposit of $2200 to the person who is moving out. I heard this as a ''rolling lease''. Can you please explain what this means? Thanks.
1 Answer from Attorneys
Re: rolling lease''
It is such a terribly bad idea. Essentially, what they are doing (and this is common on Isla Vista, even when I was in college in LA 25 years ago people were doing this at UCSB) is avoiding the whole landlord qualification process and just "transferring" leases from one set of tenants to the next. There are two versions of this - one is done without the landlord's consent or knowledge. These should be avoided at all costs as your daughter will have no real legal rights as a tenant in the property. Second form of this is where the landlord approves it, and rather than comply with the law governing refunding security deposits, etc... simply has the incoming tenant pay the outgoing tenant the deposit. This is okay only if your daughter is actually on a lease agreement with the landlord, and he acknowledges that she and her roommate have paid the deposit.
*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.