Legal Question in Landlord & Tenant Law in California
Me and my husband signed a lease with his brother to rent a town home. Me and my husband gave our 30 days notice and moved out when our lease was fulfilled. It is now 16 days after the lease was up and his brother is still living there. The leasing office is in the process of evicting him, but said they would have to put our names on the paperwork since we all signed the lease. We fulfilled our contract with them though so can they still put this on our record? We live in California.
1 Answer from Attorneys
It's frivolous for a landlord to name a tenant who has vacated the premises as a defendant in an unlawful detainer case. The purpose of the summary remedy of unlawful detainer is to give the landlord a quick remedy to regain possession of the premises, not as a short cut for other kinds of civil disputes.
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