Legal Question in Real Estate Law in California
Can a tenant be on two lease agreements?
My ex-girlfriend moved out of our
apartment about one year ago after
a bitter break-up. To erase her from
my life, I wrote a letter to
management stating that I wanted
her removed from the lease.
Recently I found out that this letter,
which is signed by management, was
not considered a legal notice and
that she is still considered a legal
tenant at this apartment.
This is extremely bothersome,
especially because she refuses to
sign a 30day notice to remove
herself from the lease, thus allowing
her access to my apartment and
belongings.
I know that since she has moved out
of here, she has lived in two other
places, and signed lease agreements
in each place.
Is it possible for her to legally be on
multiple lease agreements? How can
I remove her from my lease?
1 Answer from Attorneys
Re: Can a tenant be on two lease agreements?
A person can have one, two or more owned homes, and by the same token can have one or more leased homes. This is how movie stars live. It also happens occasionally with people who work alternately at different job sites, or who are supporting mistresses.
Further, just because a co-tenant moves out doesn't mean they lose the right to move back in! As long as she is still a co-lessee, she has the same rights you have to enter and occupy the apartment. Her lease is with the landlord, not with you.
Also, tenants with long-term leases are not subject to being given 30-day notices unless they have breached the lease. You are not the landlord; you have no basis for giving a cotenant a notice to quit. A SUBtenant would be a different story, but never a COtenant.
One thing you might be able to do is get a domestic violence type restraining order. They are relatively easy to apply for and obtain, and while she might demand a hearing and successfully resist, you stand a decent chance. Check your county court's Web site for info.
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