Legal Question in Real Estate Law in California
30day notice by all tenants?
My roommated and I were BOTH required to sign a lease at our apartment building. We are now month to month as our lease has expired, but all the lease laws still apply. She is moving out and gave no written notice to our landlord (as required in our lease) and no notice to me at all (written or verbal) My landlord is saying that becuase the apartment is not being vacated (i am staying) she is not liable for 30 days of rent. Is this true? IF so, why do they require two signatures on the lease if only one person is responsible?
1 Answer from Attorneys
Re: 30day notice by all tenants?
The liability is 'joint and several.' This means the creditor (landlord) can go after either of you, or both, at his option.
As between the two of you co-tenants, however, you appear to have a claim for restitution from the other co-tenant for any rent or other costs and expenses you have to bear unfairly because of your co-tenant's walk-out in breach of an express or implied contract to bear her fair share of the rental.
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