Splitting with my partner, and california rental rights

Doobh · October 2014

My ex and I recently split up, and are currently having some disagreements on who gets to live in the home we rented. Both of our names are on the lease, and our landlord isn't sure what our rights are in a dispute.

Does anyone have a lead on where I can educate myself on this? Or advice? It's been very unpleasant over here, and she definitely has more power to find her own place, plus can stay at her parents who are relatively close by, if that helps at all.

SilverWind · October 2014

You should call up or attend a legal clinic to understand your rights and obligations. Here's what I was able to find with some googling:

Clinics/resources: http://www.dca.ca.gov/publications/landlordbook/appendix3.shtml and http://www.dca.ca.gov/publications/landlordbook/resolve-problems.shtml

Here's what appears to be a 2011 USCB legal resource regarding co-tenant situations in California, but I can't tell if it would still apply today:
http://legal.as.ucsb.edu/files/2011/10/roomate.pdf

Of note, it seems to indicate that a co-tenant might not be able to remove another co-tenant unless s/he has obtained a domestic violence restraining order. Also of note is how co-tenants are jointly/severally liable for rent arrears, which means if one vanishes into the night, the other may be on the hook for the full amount.

Can you work out some sort of deal with your ex--the both of you split a bill for one of you to stay somewhere else for the meantime? I'm guessing by your post she is in no way interested in moving back in temporarily with her parents.

mts · October 2014

if you live in or near a college town there is usually a renters rights org there. I know Davis had one as we used it for a dispute once.

Feral · October 2014

IANAL

However I have gone through (occasionally nasty) breakups while renting in California.

Short version: If both of you signed the lease, both of you have the rights and responsibilities of that lease. Exactly what SilverWind said.

Doobh · October 2014

it looks like we're working things out

worst comes to worst, our landlord can terminate both our leases (since it's month to month) and re-lease one of us, if she so desires

thanks for the responses, though

I'll reference this and any other advice in case shit starts hitting the fan

fightinfilipino · October 2014

if you (or anyone else) are in this situation, usually the local law schools will have free assistance clinics that will have a tenant/landlord group that might be able to help.

Karrmer · October 2014

You both have equal rights to live in the residence, you're identical to a typical roommate situation. Neither one of you should be leaving until the landlord agrees to release you from the lease, otherwise the person is still liable to pay rent, damages etc

Penny Arcade

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Splitting with my partner, and california rental rights

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