Legal Question in Real Estate Law in California
Lease Violation Question
My roomate no longer wanted to share our apartment with myself and my other roomates. All of our names are on the lease which states no one may leave, and or sublet/sublease. She had her mother (attorney) break the lease and let her off, on the grounds that we had already violated the lease. Anyway, I am wondering if she has broken the lease and gets to leave, can we leave as well? Is the entire lease void? Or, should it be? We can't afford rent without her! Please help!
1 Answer from Attorneys
Re: Lease Violation Question
She is legally bound by the terms of the lease. The lease is between the landlord on the one had and the tenants on the other hand. Unless the landlord release her from the lease, she is still liable to the landlord. She is also responsible to indemnify you to the extent that you have to pay and increase share of the rent.
If the landlord refusing to let you rent to a new roommate, the refusal to give consent must be reasonable. Talk to your landlord about your situation. I'm sure he or she would rather have you get a new roommate then risk having you default on the least.
When the dust settles, take the former roommate to small claims to collect whatever you had to pay to pick up when she failed to pay.
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