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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2485
Experience:  Experience working with evictions, subsidized housing issues and mobile home issues.
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I have a question regarding renting a room in a house in San

Customer Question

Hi, I have a question regarding renting a room in a house in San Francisco. I am renting a room and sharing it with another person, but want to move out. When I moved in I did not sign the actual lease from the landlord, but did sign an agreement made by the other roommates in the house. The landlord does not know I am living here. Can I be held legally responsible if I decide to move out and discontinue my rent? The agreement signed was notarized and states I need to pay rent until June 2016.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  S. Kincaid replied 1 year ago.

You can be liable if you breach your contact with the other tenants. What was the nature of your agreement with them?

Customer: replied 1 year ago.
To lease the room until June, 30th 2016. The original lease with the landlord, in which I am not on, states there can only be 4 tenants and tenants cannot sublease. I am the 5th tenant and technically subleasing since someone moved out of the house in December.
Expert:  S. Kincaid replied 1 year ago.

While illegal contracts are unenforceable in California, a contract that violates another contract is not "illegal." Therefore, you could be held liable even if the contract violates another contract. You could try to make the argument that the contract is illegal, but I doubt that it would be an effective argument.

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