Legal Question in Real Estate Law in California

Re: Lease Terminations

The lease to the landlord is not an agreement with you. He will state that he agreed to pay his portion of the rent while living there. You have a legal dispute with him which I assume will be based solely on oral contract. You will have to convince a judge that he agreed to remain for the full term of the lease and pay his portion of the rent for that term and is breaching his contract to you. He will, of course, deny this.

Good luck.

Re: Lease Terminations

If you have to pay the full rent you could sue him to seek indemnity, contribution, etc. for the portion he owed.

Re: Lease Terminations

The rights and responsibilities break down as follows:

1. Since it is a joint lease, the landlord can go after either of you - its choice - for all of the rent so long as either of you remains in possession.

2. If both of you were to move out and abandon the lease, the landlord could go after either or both of you for all the unpaid rent it couldn't recoup by making a reasonable effort to find another tenant.

3. Your ex-boyfriend would become liable to you for his half of any rent you paid, whether or not he was around to get the benefit of the lease.

If the amount he ends up owing you is less than, or not much more than, $7,500, you could make your claim in the Small Claims Court.