Legal Question in Landlord & Tenant Law in California

roomate abandoned the apartment without notice

My daughter and a girl rented an apartment together,signed the lease at the same time. Right away the roomate moved her boyfriend in and didn't want to pay all the rent. Her dad signed a guarantee note saying he would pay her rent. She said she was moving out and left one day without telling anyone and took 30 items that didn't belong to her. So we filed a police report for theft. We have requested that they sign an addendum to get off the lease since she abandoned the apartmment, so we could find a new roomate but her dad said he won't sign the papers until I give him the deposit back. I won't do that because his daughter stole from us.I had to pay the full months rent by myself. and can't afford to pay him plus the deposit stays with the apartment until the lease is up. So we can't have anyone else put on the lease because of the dad. What can we do besides give him the deposit back. We don't even want him to pay we just want him off the lease and he says if we move someone in he will evict them. Can He do this? and can he make the landlord give him the new key. what are our rights???? Thank you,

Jaylene


Asked on 11/04/05, 1:59 am

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: roomate abandoned the apartment without notice

no, your former roommate's dad is merely a surety, "a cosigner" more or less in the event that his daughter defaults on her rent obligations to the landlord, as she definitely did under the facts you have provided. if you would like further legal assistance in this matter, contact us directly.

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Answered on 11/04/05, 3:39 am


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