Legal Question in Real Estate Law in California
my husband, mother-in-law and myself entered into a year long lease. when the lease was up we moved out. my mother-in-law stayed there. she is now being evicted and our names are on the eviction notice. because there was never any paperwork that stated we moved out they are saying nothing can be done about it. how do i get our names off of the eviction and prevent it from ruining our credit?
2 Answers from Attorneys
The fact that your name is on the eviction notice does not necessarily mean your credit is ruined. If I were you, I would confirm with the landlord, or the landlord's attorney, in writing, that you are no longer occupying the premises.
Again Roach is wrong. 99.9% of the leases in common use provide that the lease either automatically renews for the same term, or converts to a month-to-month rental, at the end of the lease unless one party or the other gives notice that the leasehold will be terminated. Therefore, whether you actually live there or not, you are still under contract for the rental and are liable for any failure to pay rent or other breach of the lease your mother-in-law may have committed to get evicted. Even if the lease does not have a "roll over" clause, you are all jointly and severally liable for the leasehold, and if she is illegally holding over after termination, you are still liable.
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