Legal Question in Real Estate Law in California
Can I be removed from a rental agreement?
Can I be removed from a month to month rental agreement simply by moving out, even if my husband continues to rent the unit? The manager told me that i would have to show legal separation papers to be taken off the agreement. I no longer live there, is this legal?
2 Answers from Attorneys
Re: Can I be removed from a rental agreement?
it may depend on the wording of the agreement but to be on the safe side, serve the landlord with a 30 notice that you are vacating
Re: Can I be removed from a rental agreement?
If you are a party to a contract, such as a lease,
then you are bound by the terms of the contract to
fulfill your obligations regardless of the fact that
you are no longer married to the other person who signed
the contract with you. If the contract provides
that it is terminable on 30-days' notice, then you
might try giving such a notice. If there is no
contractual escape, then the landlord is being
generous by letting you get out of your obligations
under any circumstances, at all. Consult a family law practitioner
about filing for a legal separation; I don't think it's that big a deal.
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