Legal Question in Real Estate Law in California

Re: Co-signer

Sorry, you are stuck. But, remedies for breach of lease are complex. One must check the lease agreement and the communications from the landlord to assess the extent of your liability. Generally the landlord must mitigate his loss and you will not be liable for losses which could have been reasonably avoided by the landlord.

Re: Co-signer

One defense is mitigation of damages. Please call Mary at my office at 714 363 0220 to set up an appointment and we can discuss the situation and review your documentation.

Re: Co-signer

You can't just get out of the lease. This is a contract for a specific amount of time. On the other hand, they cannot demand the full payment and then lease the space to someone else.

An attorney in your area should review the lease for you. But, you should be able to sublease the property to someone else for the remaining term of the lease, or find someone who will take over the space with a new lease with the landlord.

The landlord has a duty to mitigate his damages by finding someone else for the space. In the meantime, you and whoever else signed the lease should continue to make the monthly payments until such time as a replacement can be found.

Re: Co-signer

Read the lease, see if any legal outs. Otherwise, they are required to "mitigate" that is attempt to get another tenant. You may want to assist in that.

Joel Selik

www.seliklaw.com

Re: Co-signer

As previously stated, a lease contract is binding unless there is grounds for "breaking" the lease. Legally, they cannot simply demand full payment, but they can demand back rent (if any) and begin eviction proceedings if said demand remains unpaid.

You should indeed have a competent attorney review the lease carefully for you.

Also, sometimes in commercial leases it is not only the company that is held liable but they make certain key personnel are required to become personally liable. Again, you should check to see if such is the case in your situation with respect to you. If you are in the northern or southern california area, please contact us if we can be of further assistance.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com