Legal Question in Landlord & Tenant Law in California

If two unmarried people's names are on a lease for the rental of an apartment in the state of California but only one of them signs the lease, are both parties legally responsible for the lease?Or just the person who signed? Who is liable? Please explain.


Asked on 9/03/09, 12:10 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Both are liable. The person who signs has a written contract with the property owner, but the other tenant, by having their name on the lease, living at the unit, acting as though they were a tenant, has an oral contract with the landlord which is just as blnding as a written contract. The only real difference between the wriltten and oral contracts is the statute of limitations time in which to sue on the contract. Moreover, if the unslgned tenant fully acts as a tenant, that couldf be considered to be the practical equalivant of having signed the contract. So both are fully responsible for the monthly payments, etc., and the landlord can sue eilther one or both for any rent owed, etc.

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Answered on 9/03/09, 1:10 pm


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