Legal Question in Landlord & Tenant Law in California
Landlord/tenant
I rent with my brother in law and he is
the one with the lease. I have to move
because he is going to buy a home but
he wants me to pay half his lease
break. I feel that since I never signed
anything I shouldn't have to pay. Can
he take me to small claims? And if he
tries what can I do?
1 Answer from Attorneys
Re: Landlord/tenant
Is it worth the family bitterness to fight this? You want your brother-in-law to bear all the burdens of the lease with your getting the benefits. Put yourself in his shoes; would you not feel that a co-tenant should either take over the entire lease or share the economic cost of breaking it?
Yes, he could sue in Samll Claims Court and has a decent chance of winning. Your defense would be a technical defense that you are not on the lease so are not bound by its terms, he should have given you more advanced warning and should not have entered into a leae for such a long term when he knew he was looking to buy a house and might have to break the lease.
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