Legal Question in Real Estate Law in California

co renter still liable for rent?

My mother inlaw and wife rented a house together, both names are on the rental agreement, after a short while(three weeeks) they realized it was an unlivable housing arrangement for them, mother inlaw moves out and my wife and I get back together in same house, landlord is notified that inlaw no longer lives there and will not be responsible for any monies due(she wrote him a letter stating this) well after ten months he evicted us for non payment of rent, well after we see the judge (4 days) he calls and asks when we were going to pay him the money the judge awarded him( 2 months rent,legal fees, etc...)well we already have to move out so we tell him we dont have it all to give to him right now, and then he asks if we are going to wait until the sherrif serves notice before we leave(with quite the snotty attitude in his voice) complaining about damages already, he then phones the inlaw and threatens to report her to the credit reporting agency if she didnt pay the money to him, he knows she was no longer living there for quite awhile....the question is Can he do this? Is he harassing us? her? what can we do?

thank you


Asked on 9/25/01, 8:23 am

1 Answer from Attorneys

Judith Deming Deming & Associates

Re: co renter still liable for rent?

If the rental agreement is for a fixed period of time (like for one year or six months) and that fixed period of time is not up, your mother in law can still be held liable for the rent for the entire period of the agreement. It does not matter if she wrote to tell the landlord she was moving, etc., if she signed for a specific period of time, as she is responsible for the rent for that period, whether she lives there or not. If the judgment that the court awarded is only against you and your wife, then he would have to go to court to get a judgment against your in-law. That said, I do not know why you believe he is "harassing" you or your in-law, as he is entitled to his property and to the monetary judgment, and he is entitled to try to ascertain if you are going to pay it or not; he probably thinks your refusal to get out of the premises is a form of harassment to him, as every day you remain in the property without paying costs him money and you are in violation of the rental agreement. If someone owed you money and refused to pay it and was holding your property and refusing to relinquish it, you might have a snotty attitude too. Also, he can record an abstract of judgment which credit reporting agencies will reflect on any credit report respecting you and your wife, and if the judgment he got is against your in-law too, it will also affect her credit.

Read more
Answered on 11/06/01, 6:41 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California