In California, if two people jointly sign a one-year lease agreement, they are both equally responsible for the rent. If one party moves out because of a failed relationship only four months into the lease, it is also my understanding that the landlord can go after either tenant (including the tenant who informed the landlord that they will be vacating the property) if the rent is not paid in full. If the lease continues to contain both tenants until the end of the lease, and the rent continues to be paid in full solely by the tenant still living in the residence, does that tenant later have any legal ground to sue the tenant who vacated the residence for their portion of the remainder of the lease (half of the rent for the last eight months of the lease)?

I'm desperate here, and this is kind of a timely matter and I can't seem to find an answer to this.

Please help if you can! Thank you!!

Peace...

Yes, you can sue the tenant that broke the lease in small claims court.

Thank you, Brook... I was concerned that it was more complicated than that!

Before she actually leaves you should file a claim.

Does it matter that we signed the lease as a married couple, and our date of separation (and when the other party left the home) was four months into the lease? Our divorce will not be finalized until a little over a month prior to the end of the lease.

I’m not an attorney, but I would venture to say that it does matter.

Thank you.