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  1. #1
    Join Date
    Feb 2012
    Posts
    4

    Default Can Lease I Signed with Roommate Be Changed Without My Consent

    My question involves landlord-tenant law in the State of: CA.

    My roommate and I jointly signed a lease that runs for several more months. We verbally agreed with each other and the landlord to split the rent evenly. However, my roommate had a family emergency and had to move out, and will not be returning. She has been paying the rent for the time being while I look for a new roommate. However, she now tells me that the landlord has agreed to release her from the lease and thus she no longer has an obligation to pay rent.

    My questions are as follows:
    A) Can the landlord really unilaterally release one person from a jointly signed lease? Especially without my agreement? I would assume not, as we signed a single lease jointly.
    B) Can the landlord break the lease if my roommate agrees to it, but I do not? I assume not.
    C) If the landlord cannot break the lease and cannot release my roommate, but does not pursue my roommate for her rent, am I obligated for the entire rent? What recourse do I have for recovering the rent from my roommate? Is it only to sue her in small claims court?

    My major concern is that I will somehow be responsible for the entire rent through the end of the lease, which I cannot afford, while my roommate is completely freed of any obligation. Is that possible? My secondary concern is that the landlord will ask me to pay the entire March rent at the end of February or expect me to move out completely.

    Thanks in advance!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can Lease I Signed with Roommate Be Changed Without My Consent

    If you're a month-to-month tenant and your roommate gave proper notice, or if you're on a lease term that is now over, your roommate can end her tenancy accordingly.

    If you sign a lease agreeing to be jointly and severally responsible for the rent, and your landlord chooses to pursue only you for rent owed, then that's the landlord's right - you agreed to pay the whole rent and your landlord can choose not to pursue the other tenant. That would have no impact on any agreement between you and your roommate.

    If your roommate owes you money and won't pay, you can sue your roommate for that money.

  3. #3
    Join Date
    Feb 2012
    Posts
    4

    Default Re: Can Lease I Signed with Roommate Be Changed Without My Consent

    Thank you, that's very helpful and what I thought. I have worked it out with my roommate and landlord, at least for the time being.

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