Legal Question in Real Estate Law in California
My landlord let my roommate out of our lease starting the 21st of this month. He believes that I am liable for the remainder of the months rent. Is that legal? He says that if I can find reason that it is not, I may not have to pay. Please include all relevant statutes/laws/codes. You guys are great!
1 Answer from Attorneys
Most leases written to two or more co-tenants are treated as "joint and several" obligations of the tenants. This means that the landlord can look to either, or both, of the tenants for 100% of the rent.
However, the story doesn't end there. Cotenants, particularly when they sign a lease together at the same time, owe certain contractual and fiduciary responsibilities to one another. Your roommate would probably be liable to you for his or her share of the future unpaid rental.
So, if you remain obliged for the full rent, you can either (a) get a new roommate, or (b) sue your former roommate for his/her portion. What you probably cannot do is expect any relief from the landlord.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
