Legal Question in Real Estate Law in California
responsibility of roommate leaving before lease is up ?
the situation is one of the roommates A has given the landlord his 30 day notice. a paper signed,(roommate leaving form), by both roommates A&B states that the one roommate A will be leaving on november 1st 2002.
1. would the paper we signed that only has the date on it take away the resposibility of the roommate A that is leaving from the original lease that states the term and conditon of the apartment?
2. would that roomate still have to pay the rent if the lease is not up or does the paper we signed with the date gives that person leaving no more responsibility?
1 Answer from Attorneys
Re: responsibility of roommate leaving before lease is up ?
The answer to the first question is no. When co-tenants agree to something between them, that does not affect the obligation of either of them to pay rent to the landlord, who is not a party to that agreement.
Absent a new three-party agreement or some controlling term in the original lease, when one of two co-tenants moves out both remain liable to the landlord and the landlord can collect from, or sue, either or both as he chooses. However, an agreement between co-tenants A and B can give A the right to re-collect from B if B has to make good after leaving early with A's permission.
In other words, the landlord's rights against the co-tenants are different than the tenants' rights against each other.
I hope this clarifies the situation for you.
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