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Tina I was wondering something my daughter just broke up

Customer Question
Hi Tina I was wondering...
Hi Tina I was wondering something my daughter just broke up with her boyfriend of 8 years. Have been living together for last 5 years...Both on lease but we have proof that she has never paid he only has. Legally what is her standing.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: California
JA: Has anything been filed or reported?
Customer: not yet just alot of threats on his part
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that she has never paid the rent and where she stands legally
Submitted: 1 year ago.Category: Legal
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Customer reply replied 1 year ago
I still haven't received a response.
Answered in 9 minutes by:
11/1/2016
Lawyer: DrakeLAW, Lawyer replied 1 year ago
DrakeLAW
DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 831
Experience: Attorney at Drake Law Firm PLC
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Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

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Lawyer: DrakeLAW, Lawyer replied 1 year ago

As a tenant on the lease, she has equal standing with her ex. Who paid will have no effect on either of their rights under the lease. Do you have a further question given that information?

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Customer reply replied 1 year ago
even if she can proove she has never paid the rent.
So she can also pay to get out of the least and that is it.
Lawyer: DrakeLAW, Lawyer replied 1 year ago

Right, never having paid does not matter. Did she sign the lease or is she just "on" the lease as a party allowed to live there? Does she want to get out?

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Customer reply replied 1 year ago
She called and gave them 30 days notice and he kicked her out of the apartment.
Customer reply replied 1 year ago
On the lease as a party living there.
Customer reply replied 1 year ago
wants out of lease.
Lawyer: DrakeLAW, Lawyer replied 1 year ago

Well, we need to be very clear because on a residential lease, there are two distinctions. Did she actually sign the lease as a tenant and a party to the lease contract? Or is she merely listed on the lease as a party allowed to live there?

Lets make real sure about this because it substantially alters the answer.

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Customer reply replied 1 year ago
This is my daughter and at work....I wrote it all down....I think personally she was on the lease as a tenant
Lawyer: DrakeLAW, Lawyer replied 1 year ago

Alright, if she personally signed the lease as a tenant then she is bound by it. If it has a 30-day termination clause then she is entitled to give that notice and be out of it. Do we know if the ex intends on staying in the place and paying on the lease?

Need to read the lease and see the requirements for termination, it may need to be in writing and the phone call may not be enough. She should be sure to give proper legal notice.

Lastly, did she get her things out of the apartment?

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Customer reply replied 1 year ago
I don't know if he intends to stay he is wishy washy saying he can't then saying he is. She is already gone....I will make sure she gives proper notice. She got all of her clothes and items out and going back Saturday to get all the furniture that is hers.
And he did kick her out...just said get out now and take cats or I will hurt them....it was ugly
Lawyer: DrakeLAW, Lawyer replied 1 year ago

That's too bad, that is very ugly. Glad her and the animals are safe and I hope she successfully retrieves the furniture. That kind of stuff can get nasty. Remember she can call the cops or get a restraining order if needed.

The fact that he kicked her out could make him liable on her behalf should it come to that down the road, something to think about.

I wish your daughter the best.

Please kindly rate the question so it may be closed, you are welcome to followup still if needed.

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Customer reply replied 1 year ago
Thank you so much for all your help you have made a mom have a bit of peace...thank you thank you thank you
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DrakeLAW
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Category: Legal
Satisfied Customers: 831
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