Legal Question in Real Estate Law in California

I didn't sign the lease

A co-worker and I had moved from seperate states into CA together and decided to rent together. She signed the lease and sent in rent checks on her own. She got fired and we have to go our seperate ways but she is still living in the house not looking for a job and I don't want to pay rent for her. Since I didn't sign the lease, what is my obligations?


Asked on 12/31/07, 5:21 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: I didn't sign the lease

Seems that you have an oral contract with her so that until she gets out of the lease agreement with the landlord, you owe her your share. You do not have a contract with the landlord, but can not live there without paying rent. If she does not pay enough to the landlord so that with what you pay it is less than what the landlord is charging, he will give both of you a 3 day notice and if you do not make up the difference you will eventually be evicted.

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Answered on 12/31/07, 7:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: I didn't sign the lease

You have no obligation to the landlord, but you have an obligation to your former roommate based on an oral or implied-in-fact contract between the two of you.

There is something in your question that has a suspicious ring to it, however. Pray tell, if she got fired and you have to go your separate ways, is SHE still living there and you, who weren't fired, are NOT living there? Or, if you are still living there, why you aren't still obligated to pay your half?

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Answered on 1/01/08, 1:53 am


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