QUESTION

In California, one person signs the mo to month lease, she gets a notice of eviction (listing all occupants also) two months later.

Asked on Jan 07th, 2014 on Landlord and Tenant Law - California
More details to this question:
The other person living in the house catches up the past rent and makes an oral agreement with the landlord to stay and be responsibile as a periodic tenant. Is the first person who signed the lease and vacated still liable under the written lease?
Report Abuse

1 ANSWER

Estate Planning Attorney serving San Clemente, CA
1 Award
Until such time as the property is fully vacated and surrendered to the landlord, or the landlord agrees in writing to fully release the party who signed the lease, the original lessee is almost certainly on the hook for the rent in addition to the new party. There are certain fact patterns under which the original tenant may no longer be liable for the rent, but with the limited facts presented, you have to assume that both parties are now liable. Additionally, anyone living in the property may be held liable for rent. The landlord is likely to sue the original party to the lease regardless of whether legally they are liable, so I would suggest that the original party to the lease obtain from the landlord either a written acknowledgment that they are no longer liable and the original lease is terminated, or give notice and have everyone move out. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiagibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."
Answered on Jan 08th, 2014 at 4:57 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters