Legal Question in Real Estate Law in California

I am in a 1 year least with a former fiance. I left with my three children and the restraining order gave me custody of the children but not the house. How can I get off the lease to find a home for my children? Also how can I go and collect my personal effects and furniture?


Asked on 1/31/12, 2:02 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, if both of you are named in the lease as tenants, you are and remain jointly and severally liable for the rent. This means the landlord can look to both of you, or to either one of you, for 100% of the rent. He can and hopefully will collect 100% of it from the former fiance, who I assume is still living there. Not much that can be done about the lease, at least not without collaboration and negotiation.

As to collecting your belongings, I don't know whether it is possible (or safe) to negotiate a pick-up time, so your best bet is to check with the local police to see whether they can accompany you or what arrangements they suggest. Try to contact them via a non-emergency number.

I understand that if you are already at least technically committed on an unexpired one-year lease that you'd be reluctant to enter into another. However, that may be what you'll have to do. Maybe rent month-to-month for a while, then convert to a lease. Explain your situation to prospective landlords.

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Answered on 1/31/12, 3:21 pm


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