If 3 co-signers pay rent for 3 tenants and all of them signed a lease and now 2 have emailed a 30 day notice but has not, do they legally have to?

My tenants and their co-signers (payers) signed a year lease agreement and when the lease is up, they go into a month by month rent. Now 2 have given me a 30 day notice; 1 has not. I have not heard from her. She has received “CC” email regarding the 30 day notice communication. What obligations does this person have regarding the 30 day notice? Would there be any legal problems I could face if she doesn’t notify me and what can I do to get a notice from her? Can I continue to charge her for rent or is it enough to get notice from the other co-signers?

Asked on May 31, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to carefully read the written lease that you have with the three tenants that you are writing about in that its terms and conditions control the obligations owed to you by the tenants and vice versa.

From what you have written, two of the three tenants have properly decided to end their lease with you at a certain point in time. If the last tenant does not give notice of the termination of the lease, then you can presume that this tenant wishes to remain in the rental and this last tenant will be responsible for the full amount of the monthly rent. I would still continue to charge the last tenant rent except for the full month's rental, not one third each.


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