Legal Question in Real Estate Law in California
termination obligation of tenant not on lease
I am renting a room in a house with two friends.I needed to
leave the living situation,so I told them (on August 15
2002) I was moving out, by the end of August.I never signed
any contracts or papers having to do with living there.They
are breaking the lease as of September 30 2002 without
paying any penalties.They are getting the house
professionally cleaned, to prevent from loosing the
deposit.They would like me to put money in on that service.A
portion of the deposit is mine, but they are now refusing
to give me any of that back,due to them needing it to pay
rent for Sept.what are/were my obl
1 Answer from Attorneys
Re: termination obligation of tenant not on lease
The first thing to keep in mind is that your obligations to your roommates and to the landlord are viewed differently.
Generally, among the three roommates, each of you is entitled to your share of any deposit money you put up, adjusted for any damage, cleaning expense, etc. attributable to you individually.
However, the landlord is not required to inquire into which of you put up the deposit or which of you is more responsible for damage, etc. He may regard you as all liable for everything, and further need not refund any of the deposit until all of you move out.
The fact that you did not sign any papers relating to tenancy (e.g., the lease or rental agreement) is not particularly important. You can become a co-tenant based on the facts, not solely on paperwork. This is sometimes helpful to co-tenants because it gives them rights in eviction proceedings, but it can also give them joint obligation for rent.
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