Legal Question in Landlord & Tenant Law in California

My roommate was in a motorcycle accident Oct 4th and is in a vegetative state to this day. His father, who has power of attorney, informs me he plans to take my roommate out of the state and will no longer pay rent after this month. We both signed the lease, which ends Aug.1, 2012. I cannot pay the entire rent and my landlord's solution is to just rent the room, which is unacceptable to me. My agreement was to live with a particular person until Aug., not a stranger. I have given my 30 day notice. My landlord is willing to just let my roommate/his family "off the hook" but is unwilling to let me out of the lease. What are my rights in this case? Are there clauses that will allow me to just give 30 days and then leave and not be responsible until Aug? Thank you for your willingness to respond to my question.

Asked on 12/05/11, 6:26 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers
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You are stuck with the contract to lease the premises until August, but the landlord must mitigate his damages by renting the premises out within a reasonable period of time [often the court find that to be 30 days after you move out]. I would have to see your lease to know whether both of you are equally responsible for the, either one of you, etc. If both of you are liable each for 100% of the rent with a credit for whatever the other pays, then the landlord can say he will look to you for the full payment. That your roommate can no longer live there does not mean he does not owe you his part of the rent for the period to August or how every long you stay.

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12/06/11, 12:02 am

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