Legal Question in Landlord & Tenant Law in California

Dispute with co-tenant for lying about their lifestyle after signing lease, felt uncomfortable to the point I questioned for my safety and moved out of the unit. I told them I made efforts and found new tenant(s) who wanted the space and would follow all legal landlord procedures (told to me by the Landlord) to be added onto the lease to replace me. The lease also does not allow sublets or anyone not on the lease to be living in the space.

Co-tenant outright refused and is now unreasonably denying all efforts to have a new tenant take my place (so that they would live in the space on their own and essentially "forcing" me to pay rent for the duration of the lease term despite efforts to peacefully remedy the situation). I was informed I could take appropriate legal action for the amount that they are forcing me to pay at the end of the duration of the lease for their lack of legal mitigation.


Asked on 6/17/14, 12:05 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

It is up to the landlord to modify the lease and provide access to the new tenant. Your roommate has no say in it, unless the roommate is holding a master lease agreement. If that is the case, all you have to do is to document the reason for your 'constructive eviction' provide the information of the proposed new tenant and you are off the hook.

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Answered on 6/17/14, 1:57 pm


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