Legal Question in Real Estate Law in California

CA Multiple Tenant lease termination

I signed a one year lease with one other tenant. That year ended June 1st 2009, and per the lease the contract went to month to month. I want to leave the property, my roommate does not. Do we both have to give 30 day notice? What happens if only I give notice, can I still be held financially responsible?


Asked on 7/10/09, 3:41 pm

1 Answer from Attorneys
Mark Muntean Mark Muntean, Attorney at Law

Re: CA Multiple Tenant lease termination

It depends on the language of the lease. If the language says you are both jointly and severally liable for the entire lease, then even if you move out, you are still on the hook. If there is a lease with each of you for half, then you may be able to give 30 day notice for your half and at the end of the 30 days you vacate and the roommate stays. This would create a problem for your deposit, since the apartment is still occupied when you move out. Another option might be to find a substitute roommate to take your place that the landlord accepts. Do not sublease your half but find an acceptable substitute that releases you from the rental obligation. I would also try and get a signed release from the landlord.

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Answered on 7/10/09, 4:05 pm


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