Legal Question in Real Estate Law in California

I want to move out of my apartment, but am on a year lease with a roomate
I would like to move out of my apartment, but am on a year lease. My roomate and I have been having problems prior to this. Now she wants me to pay all the whole rent to break the lease. We currently split it 60/40. She also expects me to pay the dsl bill which is on a one year lease.

Am I legally obligated to pay the whole rent/cancellation, and not just my portion? Am I also liable to pay for the dsl, that she signed on for a year (w/o my knowledge, I was under the impression it was month to month)?

Asked on 12/10/07, 11:45 pm

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

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Re: I want to move out of my apartment, but am on a year lease with a roomate

As far as obligation for the rent is concerned, it's a two-part answer:

(1) The landlord can go after both or either of two lessees for the whole amount, its choice - the obligation is said to be "joint and several."

(2) However, if Tenant X gets sued and Tenant Y doesn't, X can go after Y in a separate action to collect Y's fair share of what X had to cough up.

As for a DSL contract, I'd assume only the tenant that signed the application and whose name appears on the billing will be liable.

Answered on 12/11/07, 12:42 am

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