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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33803
Experience:  15 years real estate, Realtor. Landlord 26 years
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I own a duplex in CA, I rented it out to a business who was

Customer Question

I own a duplex in CA, I rented it out to a business who was a limited guarantor for the tenant. The tenant damaged a bathtub and caused damage to an adjoining room. Tenant says they reported damage to company who placed them in the unit. The tenant signed the lease and states they are not responsible neither is the limited guarantor. My lease states that the tenant is responsible. Can I go after both the guarantor and the tenant for damages.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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What does the lease limit the business's liability to?

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Who is listed as the actual tenant on the lease? the business or the tenant individually?

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Is the business just a co-signer for the tenant?

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thanks

Barrister

Customer: replied 1 year ago.
The company who paid the rent states they were only responsible for deposit and rent. They never signed on the lease. Their client (our Tenant was the only signers on the lease)
Expert:  Barrister replied 1 year ago.

Ok, then it is the tenant who is responsible for any damages. It is common for a community assistance agency to help a tenant with deposit, first month's rent and even utility deposits. But that doesn't make them liable under the lease because only the entities who actually sign the lease as a tenant or co-signer can be held legally liable for rent or damages.

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So to answer your question directly, you can only go after the tenant, not the company if the company is not a signer on the lease.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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