Legal Question in Real Estate Law in California

rent

A California residential lease signed by two parties. One party stops making rent payments. Is the other party responsible for the other half of the rent? The on-site manager keeps accepting checks for half the rent in one renters name, and tells her it is okay. ''They will only go after the other roommate.''


Asked on 8/01/07, 6:18 pm

2 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: rent

Both are probably liable, but the landlord can be a decent person and choose to only go after the non-paying tenant. The landlord will probably still be able to come after the PAYing tenant later, if he can't squeeze cash from the deadbeat.

I say probably because I don't know what YOUR lease says.

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Answered on 8/01/07, 6:38 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: rent

The usual residential lease creates joint and several liability among two or more cotenants. If the lease is silent on this point, liability will be joint and several by operation of law. The practical meaning of joint and several liability is (a) the landlord can elect to go after either tenant or both for the whole amount (but cannot double collect), and (b) a tenant who is obliged to pay more that his or her fair share can go after the non-paying tenant.

So, I think the manager is not stating the law correctly, but nevertheless the landlord's policy, for whatever reason, may indeed be to seek only 1/2 of the rent from each. Wow!

Your facts suggest another possibility, however. The on-site manager's actions (accepting half payments) and statements ("They will only go after the other roommate") could be raised as defenses if there is ever an attempt to enforce the entire rent obligation on you - they may constitute a waiver and/or be a ground for estoppel. Keep in mind for possible future use. One could also even argue that the statements constitute an oral modification to an existing written contract, but I think this is a loser, since there would have to be a new consideration.

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Answered on 8/01/07, 9:23 pm


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