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College Rent Without Signing Lease

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archerie333

Junior Member
What is the name of your state (only U.S. law)? California

Hi, i recently handed over my spot in my apartment to a girl in my local college town but she hasn't signed anything yet; however, I gave her the keys since I wasn't going to be living there anymore. I thought it was going to be a sure thing, but I just received a call from her saying that she has a family emergency in which she needs to take the rest of the school year off. The rent is due in a few days from now, and she just spilled this news to me a few minutes ago. There are no signatures, no contracts, no anything from her except that she has moved her stuff in. Is there anything I can do to hold her liable if she just leaves like this?
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? California

Hi, i recently handed over my spot in my apartment to a girl in my local college town but she hasn't signed anything yet; however, I gave her the keys since I wasn't going to be living there anymore. I thought it was going to be a sure thing, but I just received a call from her saying that she has a family emergency in which she needs to take the rest of the school year off. The rent is due in a few days from now, and she just spilled this news to me a few minutes ago. There are no signatures, no contracts, no anything from her except that she has moved her stuff in. Is there anything I can do to hold her liable if she just leaves like this?
Did she pay you anything?
 

justalayman

Senior Member
regardless what may be between you and this girl, if you signed a lease for the apartment, you are liable for the rent until the lease expires, it is terminated, or modified to release you from the liabilities.
 

xylene

Senior Member
Your co-leasees, are in all likelihood, jointly and individually liable for the lease.

Work with them
 

ecmst12

Senior Member
With nothing in writing, the most she could owe you is 1 month's rent. Start looking for someone else.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? California

Hi, i recently handed over my spot in my apartment to a girl in my local college town but she hasn't signed anything yet; however, I gave her the keys since I wasn't going to be living there anymore. I thought it was going to be a sure thing, but I just received a call from her saying that she has a family emergency in which she needs to take the rest of the school year off. The rent is due in a few days from now, and she just spilled this news to me a few minutes ago. There are no signatures, no contracts, no anything from her except that she has moved her stuff in. Is there anything I can do to hold her liable if she just leaves like this?
I hope that your casual language "I handed over my spot in my apartment" doesn’t mean your spot among one or more other occupants of the same apartment.

I will assume not and ask if your occupancy is a month to month tenancy or under a written lease for a specified term?

If a current term lease agreement exists, does it specifically allow you to sublease the apartment? Or substitute a tenant in your stead? And with or without the landlord's approval?

In other words, did the circumstances allow you to guarantee the girl’s right to the use and continued use of the apartment in your stead? Because if not, then there would be no consideration to support whatever promise she made to you.

Secondly, if you have no documentation showing that the girl agreed in writing to assume your position as a tenant and to assume the responsibility for the terms of the rental agreement incumbent upon you to be kept and performed and to hold you harmless–

Then you may have a legal problem getting around California’s statutes of fraud.

California Civil Code Section 1624. (a) The following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party's agent: * * * * * * (2) A special promise to answer for the debt, default, or miscarriage of another, * * * * *
Now, there are exceptions to that rule of law. One of which is if her oral promise to assume future rent resulted in a consideration beneficial to her (CCC 2794 (4); such as here the use of the apartment.

Which takes us back to the first issue, i. e., your ability to legal transfer over your rights to the use of the apartment. And I have to assume that such a transfer could not occur without the prior approval of the landlord.

And if you don’t have that landlord approval now, you ain’t going to get it. Not for someone that has left school and returned to who knows where.
 

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