Legal Question in Real Estate Law in California

Landlord obligation to notify tenant of lease change

I co-rent a condo in CA with another individual. We are

dating but in the process of separating. I want to have a new lease drawn up without his name, but I don't want him to know anything about it. Is the landlord obligated to notify him of a renewal lease and the exclusion of his name on it? If he is, can you point me to the exact code or part of the CA law that would be violated if the landlord DID NOT notify him of his being dropped from the lease? Thanks so much for your assistance.


Asked on 2/13/03, 4:11 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Landlord obligation to notify tenant of lease change

There is no California law I know of which would require a landlord to disclose to the former lessees the identity of a new lessee. In fact, disclosure of such information should be considered an inappropriate invasion of privacy, although perhaps not illegal.

When the lease on which you are co-tenants expires, neither of you has any on-going rights unless the lease contains some kind of renewal option or the like. If a tenant fails to move out at the end of the lease, he is not quite a trespasser, and would become a month-to-month tenant if the landlord accepted rent, but otherwise can be evicted.

There is a real practical problem, however, in keeping the news of you becoming a successor tenant from your former roommate. How do you explain, for example, that you are not moving your clothes and furniture out, when he is? What about your neighbors?

So, while the landlord should not disclose your new lease information to the former co-tenant, you probably won't be able to keep your continued occupancy of the place a secret from him.

I hope this answers your question.

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Answered on 2/13/03, 7:34 pm


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