Legal Question in Real Estate Law in California

Re: Late Rent Charges and Attorney fees

Since your question talks about signing, I assume you have a written lease. You now need to read the lease very carefully. It probably makes the two of you "jointly and severally" liable for the entire rent, either by using that phrase or by words with a similar effect. It means the landlord can look to either tenant for the entire rent and does not have to collect 1/2 frome each roommate. Joint and several liability is the norm in multi-party business contracts including two-tenant leases.

However, the joint-and-several concept extends only to the landlord. As between the two of you, the two tenants, each of you is liable only for your own share. So, if you have to pay 100% to the landlord, you have the right to demand that your roommate make up to you the 50% that was her share. Your claim is against your roommate, not the landlord.

Finally, the guarantor (co-signer) is liable to the extent of the guarantee actually given. If he agreed to guarantee "payment of the rent" that means all of it...... Also, a guarantor that has to make good on your behalf can (probably) counterclaim against each of you two tenants. So in theory if your father has to pay 100% of one month's rent he can recollect 50% from each of you. Probably. It depends on the specifics of the agreement made.

Anything the manager agreed to but which didn't get put in writing is going to be difficult to impossible to use to your advantage for two reasons. First you lack proof. Second, even if you could convince a judge or jury that the manager made certain statements, they would not necessarily have the effect of altering or amending the written lease.