Legal Question in Real Estate Law in California

Liability if I break lease.

I and another person who I didn�t now very well recently

signed a 12-month lease/rental agreement. She has

already moved in. I have not. She cannot afford to pay

the rent by herself. Without going into detail, if the

landlord agrees to let me out of the lease, with or

without my roommate�s agreement, and I make a

serious effort to find a replacement roommate, am I

liable to my roommate for anything? Or, if I just do not

move in, and, again, make a serious effort to find a

replacement roommate this time without the approval

of either party, am I liable for anything besides a

month�s rent and possibly my security deposit?

Thanks.


Asked on 10/06/02, 3:45 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Liability if I break lease.

You are liable for the terms of the lease, unless you can negotiate a new agreement with the other signers of that lease, namely your friend and the landlord. A new roommate would probably be acceptable to both, but they do have to agree. Under California law, a landlord cannot "unreasonably" deny you the right to sublease, but your friend may be a tougher sell.

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Answered on 10/07/02, 11:48 am


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