Legal Question in Real Estate Law in California

I co signed a 6 month rental lease for two relatives on 3/3/09. I never lived at the residence. I co-signed for them, so that they could have a place for their children to live. My intention was only to sign on for the 6 month term. However, due to my lack of record keeping, I thought that the lease would end 10/3/09 not 9/3/09. However, I just learned that my relatives have not paid for the month of September and was informed by the leasing agent that it will go to legal in two days. I am trying to minimize my legal responsibility for the month of September. I was told by the leasing agent that all three of us would have to come in to the office and agree to take me off the "lease". I'm confused, because there is no longer a lease. It ended on 9/3/09. However, we do plan to go into the office to do whatever it takes to take me off any existing agreement. Do I have any rights in this matter? Can my relatives consent that I was no longer responsible after the lease ended on 9/3/09 or will I be liable until the date that we go in to the office which will be on Saturday, 9/26/09. I live about 90 miles away from their residence that's why I have to wait until Saturday. Please advise.

Thank You.


Asked on 9/23/09, 7:59 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

When the 6 month lease expired 9/3 the rental turned into a month to month tenancy. I am not sure that there is any law on it, but that probaby also renewed your being a co-signer on the new monthly lease. The owner can remove you from the lease and any futher rental obligation but sometilmes they charge to do so. Since your relatives may be evicted, it might not be worthwhile to pay very much to be removed from the lease. You have the same right as your relatives, but no greater rights then they do as to the landlord. Your relatives can agree to anything wilth you, but if they have not paid the rent are they likely to pay you? Your responsibility is to pay the entire rent and you then have a right to go against your relatives for that sum. Do not be surprised if the leasing agent demands that before you are taken off the lease you pay for all of September; get an agreement that once they move out if theilr is anything owing them as to the security deposit that it is sent to you and not them.

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Answered on 9/23/09, 9:43 pm


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