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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37097
Experience:  16 years real estate, Realtor. Landlord 26 years
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This question is from California. I signed a one year lease

Customer Question

This question is from California. I signed a one year lease with a partner and moved out after two months. He decided to stay. And I paid a security deposit of 2400.00 the rent is $2000.00 he did not pay the rent and we were served a pay or quit form. What does this legally mean? And what will happen next if he doesn't move out..what about our credit and being taken to court? What should I do?
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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Are you both on the lease for the apartment?

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thanks

Barrister

Customer: replied 1 year ago.
we both are..
Expert:  Barrister replied 1 year ago.

Ok, then since you are both on the lease, if partner defaults and doesn't pay the rent, the landlord would proceed against both of you with an eviction action called an unlawful detainer. This is a legal case where the landlord states that you and partner have breached the lease agreement and he wants a judgment for possession of the property back and for a money judgment for any delinquent rent or damages.

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This is a negative credit event and would then be reported on both your credit reports if the landlord has to evict through the courts.

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At this point, if partner won't pay the rent or move, then the landlord would come after you both for an eviction and then potentially sue you both for any lost rent until the property is re-rented.

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But other than paying the rent or getting partner to pay the rent, there really aren't many other options other than moving out.

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thanks

Barrister

Customer: replied 1 year ago.
What about the deposit that was paid? I asked in the first question..will that be used towards the rent? And if they serve an eviction notice how long do we have to get out?
Expert:  Barrister replied 1 year ago.

That would go first towards any damages to the apartment and any court costs and cleaning if an eviction occurs. Then any balance would be applied to any delinquent rent.

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The have to give you a 3 day notice to pay or vacate and then actually go through a formal court case, which takes about 3 weeks from start to finish before they could have the sheriff appear and physically force you to leave the premises.

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But you don't have to move out within 3 days after getting the notice and can force them to go through the formal court process..

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thanks

Barrister

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