Legal Question in Landlord & Tenant Law in California

My roommate and I signed an agreement, it states that if a roommate should have to break the lease before the end of it, they would find a substitute and hence be free of all financial obligations. I signed this under the pretense that she meant a substitute for the rest of the term, but her "substitute" will only be there for a part of it. She says it is my responsibility to find someone and pay her rent afterwards. I think the term "substitute" here was ambiguous. Also, she did not inform the landlord about subleasing. I'm not sure what to do!


Asked on 2/13/12, 9:51 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

She is obligated to provide a tenant that will remain in the unit for the entire term. The word "substitute" is not ambiguous in this context. While you do have an obligation to use your best efforts to find someone to finish out the term of the lease after the 'substitute' finishes their stay, your roommate is chiefly responsible for any balance on the lease that she initially signed on for, and that includes the months that her 'substitute' will not be renting.

The responsibility for Informing the landlord falls on both of you, but you can take that up with the landlord on your own. Good luck.

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Answered on 2/14/12, 8:07 am


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