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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41220
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I live in California. In 2011 I cosigned on a one year

Customer Question

I live in California. In 2011 I cosigned on a one year lease, for an ex girlfriend and her kids. I was under the impression that once that year was up, unless I cosigned on the new lease, my contractual obligation was done!!! I haven't spoke with the ex girlfriend for over 2 years and have had nothing to do with her.
Today (10/26/2015) I received a phone call from the rental agency, that she is still living in the apartment, but has owed them $800.00 for 3 months and she hasn't responded to their communications. The lady at the agency said: "The fine print on the lease you signed back in 2011 states that I am the cosigner until the renter vacates the premises, whether it be 1 year or 20 years!" What are my rights in this situation??? Thank you, Steve
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Steve,

The answer that I will provide you with is not going to be favorable, so I ask that you do not blame the messenger. I am afraid that legally until she vacates you remain responsible for debts and obligations. Your only legitimate recourse is against the ex--you can file suit against her for 'subrogation', or essentially a cause of action under which she has to recoup your losses if any. But until she leaves OR until the landlord releases you, which they can only do at their own discretion, you indeed remain liable for the contract, as the contract automatically renews if the tenant does not move out.

Sincerely,

Dimitry, Esq.

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