Legal Question in Real Estate Law in California

Co-signer for lease

I co-signed for my daughter and her husband on an apartment. They have seperated and my daughter moved out. How do I get out of the lease? The husband is staying in the apartment and got a new roommate, but I want off the lease. Can I terminate the lease early, which means that they would have to move out and I would be responsible for payment until rented again? What are my options?


Asked on 2/18/03, 8:17 pm

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Co-signer for lease

if you are on amicable terms with your ex son in law and his landlord, you may be able to write a simple letter, or have an attorney write one on your behalf, requesting a straightforward novation. this would mean both the landlord and your ex son in law agree to remove you from the lease contract. if not, you may have a frustration of purpose defense. if you would like further assistance, email my office with more facts, especially in respect to start and end date of the lease as well as the date in which your daughter moved out. also,let me know what terms you are on with your landlord and ex son in law. i will do my best to assist you.

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Answered on 2/18/03, 8:41 pm


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