Legal Question in Real Estate Law in California

Roommates

I am in a year lease with 2 other roommates. The lease is up at the beginning of July.

2 1/2 months ago I wrote on a note that I would be moving out and also gave verbal notice that I was moving out on June 17th.

They have found a roommate but will not be moving in till the beginning of July.

The acknowledged the fact that I would be moving out and there were conversation about pro-rating the rent to the 17th.

I talked to the apartment complex and they said that basically the money issue is between us and that the roommates have to sign a release to let me out of the lease. They are staying in the apartment.

I need to know if I have anything behind me not to be able to pay the last 2 weeks of the month?


Asked on 5/16/01, 3:27 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Roommates

If all three of you are on the written one-year lease with the landlord, you are probably all liable to the landlord for the full rent. Giving notice would not by itself release you.

As between the three of you, I believe each of you is responsible for 1/3 of the full year's rent.

In other words, if the one-year lease was for $1,000 a month, the landlord could look to any of the three of you for $12,000 if necessary. If tenant A paid the full $12,000, he would have a right to recollect $4,000 from B and $4,000 from C.

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Answered on 6/21/01, 11:39 pm


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