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4 yrs. ago I co=signed a 1 yr. rental lease. the following year no renewal was made but the tenant remained on a mo.to mo. basis. Since the lease has expired do I have any liability when they move out.
Optional Information: State/Country relating to question: California
Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.According to California law, a tenancy that has expired without an auto-renewal clause, but wherein the tenant continues to live in the lease and paying rent, the tenancy becomes a month to month tenancy, automatically.However, the liability of the tenant continues and indeed, the tenant is liable for any damage beyond the wear and tear of the property upon move-out.I hope this finds you well. Please remember – I do not get credit for my time with you unless the answer is rated/concluded by you (while no mandatory, a bonus is always appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you need more information, simply hit reply so we can chat until you are satisfied. You may always come back to this thread for follow ups on this topic free of charge.
Does my liability continue.?
Yes, if by "liability" you mean the duty to pay rent, or the liability of damage in the apartment after you move out.I hope this finds you well. Please remember – I do not get credit for my time with you unless the answer is rated/concluded by you (while no mandatory, a bonus is always appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you need more information, simply hit reply so we can chat until you are satisfied. You may always come back to this thread for follow ups on this topic free of charge.
I am not the tenant, I was a Co-signer for 1st yr. the tenant has been on month to month for 3 yrs. and they increased her rent monthly. during that time as a result.. My liability should've ended when lease expired.after year one. right?
My apologies - I misunderstood the verbiage of the original question. Looking back to it, please understand how this understandable error could have been made.The answer is still yes. The same lease applies to the month to month tenancy that is now in place, meaning you (as a co-signer) are still liable for any missed rent and/or property damage.I hope this finds you well. Please remember – I do not get credit for my time with you unless the answer is rated/concluded by you (while no mandatory, a bonus is always appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you need more information, simply hit reply so we can chat until you are satisfied. You may always come back to this thread for follow ups on this topic free of charge.
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.