Legal Question in Landlord & Tenant Law in California

two tenant rental termination

I am a joint tenant on a month-to-month lease with a roommate. My roommate submitted a 30 day notice to the landlord on the 16th of December. I assume that this means he is only responsible for rent from the 1st to the 16th of January but not sure. My questions are:

1) If I choose to vacate as well, does his notice cover me also or do I need to submit my own notice?

2) Is he required to provide me with a notice as well?

3) What portion of January rent will he be held responsible for?

Thank you

N.D.


Asked on 1/02/09, 12:53 am

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

Re: two tenant rental termination

If both of you signed the rental contract, each one is responsible for the entire rent. The landlord did not rent out have a unit to you. So you must give the landlord 30 days notice yourself. As to what your roommate is responsible as to you, that depends upon what the agreement is between the two of you. If there was no agreement, then it is unclear who owes what to the other, but probably once you got notice of his moving out, he would be responsible for 30 days of sharing the rent with you. The landlord might be able to argue that both of you have to be out in 30 days, but that is unlikely as he wlill want a paying tenant to remain.

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Answered on 1/02/09, 2:01 am


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