PDA

View Full Version : Breaking Contract in California


fire_fairy321
01-08-2007, 11:59 AM
My roommate and I moved into an apartment in August. I never signed the lease, but my roommate did.
I'm moving out this month. I provided everyone with 30 days notice. The landlord is now saying that since my name is on the lease that I'm liable for rent until the end of the lease in September. I told him that since I have never seen the lease nor signed it that it wasn't binding, but he is threatening to sue.
I've found someone to take my room, but my roommate is demanding that the person moving in pay much more rent than I have been paying. On this basis, she will not accept any of the people that I have found to rent my room.
The only way that the landlord has agreed to not sue me is if I have my current roommate sign a letter agreeing to remove me from the lease. She won't do this unless someone moves in to take my place.
Help!

Brook
01-08-2007, 01:11 PM
You’re going to have to look up CA rental laws regarding this one. In some states you would be responsible for no more than one months rent, but there are some states that have legislation indicating that if the lease was tendered to the LL sign or unsigned it would have the effect of having been signed. CA is probably not one of these states, but it would be best to speak to an attorney before you act. If you can avoid going to court I would advice you to figure something out since CA among various other states is known for having companies that check court records and keep a bad tenant database. LLs often access the database when deciding who to rent to. It won’t matter if you win or lose, just the fact that a landlord took you to court will affect your rental record.

fire_fairy321
01-08-2007, 01:18 PM
He says my name is on it, but I never actually signed anything.

Brook
01-08-2007, 04:40 PM
You’re going to have to look up CA rental laws regarding this one. In many states you would be responsible for 1 or 2 months of rent, but there are some states that have legislation indicating that if the lease was tendered to the LL sign or unsigned it would have the effect of having been signed. I don’t know if CA is one of these states. I think you better consult an attorney. But, you can stop them from suing you if that is what they are going to do.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements