California lease law

[fatimazahrae 5]

Hi eveybody, i have a question, is it illegal to leave before the contract lease terminate? or in different way, if the person who pay the rent leave without telling the added person to the lease (roomate) ( husband or wife ) is this crime Punishable by law or its something simple?

thanks i really need some help

[fatimazahrae 5]

If somebody know the answer , please do not hesitate to reply , Thanks alot

[aaron2020 11,651]

It depends on the terms of the lease.

Most leases will hold each signer to be responsible for the entire rent. This means the landlord can come after everyone for the complete rent.

There is no "crime punishable by law." This is a civil contract. Nothing criminal.

If the landlord comes after one of the signer, the court can make that person pay everything. Then, that person can sue his/her roommate for the lost.

In addition, there is nothing illegal about breaking a contract. It's a civil dispute. Breaking a private agreement (like a lease) is not illegal.

Edited January 18, 2015 by aaron2020

[j&ana 363]

The above post is correct. There is no crime involved. Only the civil courts are involved. You get sue,by the landlord. Then you sue the person that did that to you

Edited January 18, 2015 by j&ana

[fatimazahrae 5]

It depends on the terms of the lease.

Most leases will hold each signer to be responsible for the entire rent. This means the landlord can come after everyone for the complete rent.

There is no "crime punishable by law." This is a civil contract. Nothing criminal.

If the landlord comes after one of the signer, the court can make that person pay everything. Then, that person can sue his/her roommate for the lost.

In addition, there is nothing illegal about breaking a contract. It's a civil dispute. Breaking a private agreement (like a lease) is not illegal.

In the terms of the lease if terminating the contract early should pay fee, some amount,

im having a personal problms with who im living and my name added to lease with, i will be absente abroad for emergency needs, and i feel afraid to come back and find the apartement gone, i can not fix my situation now, i just have this feeling and wondering what should i do if i come back and find my things outside the apartement

[fatimazahrae 5]

one day the roomate told me -when you come back you are not going to find me here- what he said stayed in my mind, and i think about it alot

threat words comes from him , and the only thing i think he can do is move from the place

Edited January 19, 2015 by fatimazahrae

[aaron2020 11,651]

In the terms of the lease if terminating the contract early should pay fee, some amount,

im having a personal problms with who im living and my name added to lease with, i will be absente abroad for emergency needs, and i feel afraid to come back and find the apartement gone, i can not fix my situation now, i just have this feeling and wondering what should i do if i come back and find my things outside the apartement

During your absent, will you continue to pay rent?

If you come back and you have no apartment and your stuff on the sidewalk, then you can sue if there was an illegal eviction.

If you leave and don't pay rent, then you will be breaking the lease, then it's not unreasonable for you not to have an apartment when you come back and your stuff on the sidewalk. You may have a cause to sue for damages, but expect the other party to sue you for failing to pay rent.

In the terms of the lease if terminating the contract early should pay fee, some amount,

im having a personal problms with who im living and my name added to lease with, i will be absente abroad for emergency needs, and i feel afraid to come back and find the apartement gone, i can not fix my situation now, i just have this feeling and wondering what should i do if i come back and find my things outside the apartement

one day the roomate told me -when you come back you are not going to find me here- what he said stayed in my mind, and i think about it alot

threat words comes from him , and the only thing i think he can do is move from the place

First, did you both sign the lease.

Second, are you husband and wife or roommates? It matters.

one day the roomate told me -when you come back you are not going to find me here- what he said stayed in my mind, and i think about it alot

threat words comes from him , and the only thing i think he can do is move from the place

Why is it a threat?

You can leave, but he can't?

Seems unfair.

[fatimazahrae 5]

During your absent, will you continue to pay rent?

If you come back and you have no apartment and your stuff on the sidewalk, then you can sue if there was an illegal eviction.

If you leave and don't pay rent, then you will be breaking the lease, then it's not unreasonable for you not to have an apartment when you come back and your stuff on the sidewalk. You may have a cause to sue for damages, but expect the other party to sue you for failing to pay rent.

First, did you both sign the lease.

Second, are you husband and wife or roommates? It matters.

Why is it a threat?

You can leave, but he can't?

Seems unfair.

he was paying the rent before , this month we paid the rent from our joint account with cheq with both our names on it, he signed the cheq, next month when i will be absent i will make sure to pay february, we will pay the fab rent the same way like this month with joint cheq, (both names on it) from the joint account , he will write the cheq again, or i can write it and sign it

yes we both signed the lease contract/agreement

unfortunatly he is husband , we were talking about divorce lastly, then i tried to works things with him, he did too, at this moment i cant think to work on this marriage right now, but later when i come back , he was using alot of threat words anytime there is disagreement or something, like -you'll see? one day he told me, -when you come back from abroad you are not going to find me at the aprement anymore-

[aaron2020 11,651]

he was paying the rent before , this month we paid the rent from our joint account with cheq with both our names on it, he signed the cheq, next month when i will be absent i will make sure to pay february, we will pay the fab rent the same way like this month with joint cheq, (both names on it) from the joint account , he will write the cheq again, or i can write it and sign it

yes we both signed the lease contract/agreement

unfortunatly he is husband , we were talking about divorce lastly, then i tried to works things with him, he did too, at this moment i cant think to work on this marriage right now, but later when i come back , he was using alot of threat words anytime there is disagreement or something, like -you'll see? one day he told me, -when you come back from abroad you are not going to find me at the aprement anymore-

There is nothing you can do to prevent him from abandoning the apartment when you are gone.

If he breaks the lease while you are away, there is nothing you can do to stop him.

By breaking the lease, you would both be responsible for any unpaid rent. You would be both be liable for all damages to the landlord.

You can sue your husband for any damages you incur from him breaking the lease and leaving your stuff outside.

[fatimazahrae 5]

There is nothing you can do to prevent him from abandoning the apartment when you are gone.

If he breaks the lease while you are away, there is nothing you can do to stop him.

By breaking the lease, you would both be responsible for any unpaid rent. You would be both be liable for all damages to the landlord.

You can sue your husband for any damages you incur from him breaking the lease and leaving your stuff outside.

Thank you aaron for your great help,