Legal Question in Real Estate Law in California
I am currently renting a house with 3 other people in San Diego County. We have a one year lease. I won't be living in the house for the entire 1 year lease (C.A.R. Form LR), and will be replacing myself with another roommate, upon my other roommates and the landlord's approval of person. The landlord already knows this will be happening. Is there a legal document or procedure I can do to either replace myself on the lease with the new roommate, or attach an addendum to the lease shifting all responsibility onto the new roommate? Your help is greatly appreciated. Thank you!
1 Answer from Attorneys
It seems to me that this can be done with the simplest of documents, maybe saying:
"Jane Roe is hereby substituted for John Doe as one of the tenants on the lease of my property at 123 Main St., Anytown, Calif. Ms. Roe has been furnished with a copy of the lease, and the parties acknowledge that Doe's deposit has been returned and that Roe has made her deposit of $XXX. An inspection has been made by the parties and everything found in order as of the date hereof." Signed: Jane Roe, John Doe, Jack Landlord.
If there are any unusual terms in the original lease, perhaps Ms. Roe should acknowledge specifically that she has read and accepts them. Any tenant-responsibility damage existing at the time of the swap of tenants should be noted and dollarized.
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