Legal Question in Landlord & Tenant Law in California

my son and his roommates rented a house during this past school year. I was asked agreed to be the guarantor. Well as luck would have it my son was harassed and bullied by his roommates and left. I agreed to pay partial rent for several additional months after my son moved out only if they agreed to replace me as guarantor. We executed an agreement stipulating same and I paid the amount as stated in the agreement. in essence the agreement allowed my son to leave the lease and they took on the responsibility of relieving or replacing me on the lease. As luck would have it a short time later they all took off and left the residence now the landlord is coming after me for thousands of unpaid rent. I feel that they remaining roommates took my funds under false pretenses, do i have any legal recourse to go after the other roommates?


Asked on 5/01/11, 6:27 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Even if there was no wrong doing by the others, as a guarantor you are merely telling the landlord that if the students do not pay you will pay, but you retain the right to get the money back from them. Your problem is that they are students so probably have no assets. You need to try to help the landlord find replacement tenants so that your obligation to pay rent ends as quickly as possible. You need to contact the roommates and find out if they will pay you back and how they will guarantee that [will their parents guarantee payment; will the school help at all].

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Answered on 5/01/11, 7:56 pm


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