dates of landlord, tenant lease signing, one tenant a minor

[idcannon]

California. My 20 year old son entered into a lease Sept 2006. I signed as guarantor. His roomate also signed the lease. She has decent employment and proved she can pay rent. the lease showed accuratley that she is a minor (17 yrs old). Things fell apart and she announced she is moving out. When her Mom got involved and pointed out her minor staus, the landlord agreed she is not bound by the lease. I, as guarantor, am stuck with exposure to lease-ending obligations. While her Mom paid half the $1500 early lease termination penalty, the girl is refusing the pay the 30 days rent which is required at lease breaking. The girls dog has ruined the carpet. While her Mom has told me she will cover any needed carpet expenses, I am nervous since I am being stuck for half the 30 days rent.
I have one possible relief area- please tell me if I can use it. My son and I signed the lease 9/13/06. The girl and the landlord signed on 9/16/06 (I have copies of both versions). The landlord wrote in that they had signed on the 13th (9/13/06). She did not do this, she signed with the girl on 9/16/06. Do I have a chance at any relief since the landlord falsely represented the date she signed? Thanks!

 

[LindaP777]

The girl and the landlord signed on 9/16/06 (I have copies of both versions). The landlord wrote in that they had signed on the 13th (9/13/06). She did not do this, she signed with the girl on 9/16/06. Do I have a chance at any relief since the landlord falsely represented the date she signed? Thanks!

The landlord would just say it was an error, slip of the pen, bad memory, etc. I don't see how this "3 day mistake" gets you off the hook.

 

[idcannon]

lease out path or relief?

OK, so the 3-day slip of a date doesn't help me. How about that all were not present together at the signing? I have never to this day met the landlord property company representative who signed the lease. I'm reaching for some way to get relief from the landlord- who let the minor girl out of the lease in a a heartbeat. The lease is jointly and severally binding. So I guess the minors release from the lease still leaves me on the hook. Can I at least insist the landlord give me something written explaining why they let the minor out? What legal risks may exist for the landlord- which will give me a negotiating advantage? Would it be bad publicity for it to become known they rent to minors?

 

[Cvillecpm]

Sorry - you need to point out to the landlord that minors CAN obligate themselves for "the necessities of life" including housing.

Your option is to sue the GF and her Mom for the daughter's portion of the monies due...the LL should not be letting her out of the lease since she CAN obligate herself under CA law.

 

[xylene]

Why was your son living with a minor girl?

Why did you agree to be the sole guarantor of a lease with a minor?

You really should have questioned this living arrangement more carefully and insisted girls mom be on the lease.

Now, as is correctly pointed out you will need to file a lawsuit.

 

[LindaP777]

Why was your son living with a minor girl?

Excellent point! I can not imagine either parent supporting this living arrangement!

 

[idcannon]

not a girlfriend, a roomate in separate room

Thank you for the good points, and for noting the 17 year old CAN enter into a lease by California law.
The arrangement was for my son and the apartment sharing girl was that of separate bedrooms. The girl did not confer with her Mom before doing this. Mom was in Arizona "doing her own thing".

Other than suing the girl / her Mom,
how might I have the landlord "put her back" on the lease after landlord gave VERBAL only "release" of the girl from the lease, over the phone to the girl's Mom?

This would put the girl back on the hook for the dog damage to the carpet, and for her half of the 30 days rent due , along with the already-paid termination fees.

Thanks!

 

[treese]

The landlord cannot release one tenant of their obligations to the lease unless all parties agree.

In this case, even though the female roommate is still legally on the lease, the landlord can still hold you liable for the costs mentioned.

The landlord has a joint and several liability clause in the lease. You put yourself on the hook by signing on as, and agreeing to be, the guarantor.

The landlord can hold all of you (jointly), or any of you (severally), liable for any rent owed, termination fees and damages.

The landlord can sue the one that is most likely collectable ... in this situation, it is you.

The landlord essentially has made it known that he is not going to pursue the roommate.

You've been given good advice. You are going to have to sue the girl for her share of the costs.