Legal Question in Real Estate Law in California

My daughter is in college and signed a one year lease for a condo with two other girls (all three are over the age of 21). One of the girls has decided to move out and informed the other two that she would find someone to fill her spot. The girls mutally agreed (verbally) that all parties had to agree on the new person as there is still 7 months left on the lease. During Christmas break the, the girl that was moving out, found someone to take her place and gave her a key to the condo, without the consent of the other two girls. She also obtained a copy (I believe) of the lease, scratched out her name and had the new girl sign above the scratched out area. Also all previously initialed areas of the lease were scratched out and the new girl initialed in her place lease. Is this legal? Now, one day later the new girl has backed out of the situation and is mailing the key back to my daughter. Is the original girl responsible for breaking the lease? Is there any recourse that we might have, if there is a financial penalty for breaking the lease? Please advise.


Asked on 1/12/10, 2:31 pm

2 Answers from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

This is not legal advice and may not be relied on: Sounds like the landlord can go after any and or all three for the amount. Your daughter may have a claim against the girl who left if another girl does not replace the one who left. You might consider finding an acceptable roommate.

Best,

Daniel Bakondi

415 450 0424

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Answered on 1/17/10, 3:09 pm
Melvin C. Belli The Belli Law Firm

All three original girls are still jointly and severally responsible for the lease. What the other girl did is not valid as the landlord would have to approve either a sublet or assignment which it doesn't seem like either the landlord or the remaining tenants didn't seem to agree on.

What should be done is to find a new roommate ASAP and then get th landlord to accept that roommate in place and stead of the one who has left. Until then all three are still responsible and that includes the one who left.

Good luck and hope that helps.

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Answered on 1/17/10, 3:26 pm


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