Legal Question in Landlord & Tenant Law in California

tenants rights

My Daughter and her friend rented a house and things went sour. She moved out but her roomate had found a new roomate before that. The landlord new that a new roomate was moving in and would not take my daughters name off lease. We have proof she moved out and new roomate moved in. Now old roomate is moving out and has not paid her rent for months and the landlord states she owes from September through June when lease is up. What are her rights. Also she did give up her deposit for moving out early.


Asked on 2/23/08, 5:34 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: tenants rights

The landlord is correct.

A lease is a contract, and your daughter was responsible for her share until the lease ended.

Landlord wants to get paid, and your daughter obviously is not a deadbeat, and can pay.

She has no rights per your set of facts.

She did not give up deposit by moving out early, but deposit also pays for unpaid rent, which you have here, so she does forfeit deposit, but not because she moved out early.

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Answered on 2/23/08, 5:44 pm


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