Legal Question in Real Estate Law in California
2 people on lease - 1 wants to break lease
In December, myself and another individual leased a house in which we both signed the lease for 1 year. This arrangement hasn't worked out and last week I received a 30 day notice from this person informing me that she wants to move out. She sent me the notice and cc'd the landlord. Am I responsible for the whole amount of the rent for the remainder of the lease or is she still liable for her half? We have always paid individually for half of the rent.
Thank you for your help.
2 Answers from Attorneys
Re: 2 people on lease - 1 wants to break lease
You have joint liability. The difference is that if she moves out and doesn't pay, you will be evicted. If she has moved on, you will be the one on the street. Payment of your half is no defense. Find someone to take her place or work it out with the landlord asap. By the way, if I'm the landlord, her leaving is your problem, not mine, and I will expect you to pay in full or else.
Re: 2 people on lease - 1 wants to break lease
Mr. Schomer is correct. I would add, however, that if she moves and fails to pay her half of the rent, you may be able to bring an action against her for her 1/2 of the rent.
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