Legal Question in Real Estate Law in California

Divorce during tenancy, rent due by whom?

My tenants of 10 years separated (without my knowledge) during a month to month lease. Husband (sole provider) moved out without notice. Wife supported 100% by husband had trouble with rent for over one year. I was too nice, $4000 later, she moved out. He says he is not responsible because it was month to month and he moved out before rent became late or missing. He is only source of money and I say he never gave notice and he paid support covering rent. I have new address and SSN's and his place of employment. Can I collect from him? She is not option as he still supports her in a new apartment. She signed paper while still married that said she owed $ and intended to pay. I would like to submit to collection agency if he is legally responsible. Is he?


Asked on 4/13/06, 3:39 pm

1 Answer from Attorneys
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Divorce during tenancy, rent due by whom?

Are both of the deadbeats on the rental agreement? If so, they are both equally as liable. The fact that he moved out is not relevant to liability. It was up to him to give notice of termination of the lease. And even then, it would only be effective if the entire unit was vacated.

Pursue both of them.

Good luck.

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Answered on 4/13/06, 4:35 pm


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