Legal Question in Landlord & Tenant Law in California

Lease question

My roomate and I signed a lease in October for a year. My roomate moved out a month ago claiming mold and was taken off of the lease and given her full half of the deposit back ($2500). Now a month later there is a for sale sign in the front yard for the house. I called and asked what was going on and they said since the other leasee got off the lease that made the lease null so I was no longer under a lease and could be forced to move with 30 days notice. I know my roomate had to sign off on something when leaving. I signed nothing and they still have my deposit so how is my lease null? what should I do?


Asked on 4/01/09, 2:24 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Lease question

You should advise your landlord in writing that you have not signed anything which terminated or annulled the lease agreement. As such, you expect the landlord to live up to his part of the bargain - i.e., allowing you to remain in the property until your year lease is up. I would also ask for a copy of what was signed by your roommate. My guess is that the landlord is under the incorrect assumption that your roommate could terminate the lease unilaterally without your consent. As an aside, the landlord can sell the property even if you have a remaining term on your lease - the new buyer just has to accept your lease and allow you to remain in place (or buy you out of the rest of your lease). You might also suggest that he can buy you out of the balance of your lease, if that is something you want to consider. In today's real estate market, he's not likely to sell the house anytime soon.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/01/09, 3:00 pm


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