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Is a lease valid if both tenants do not sign?

San Diego, CA |

My boyfriend and I entered into a 12 month lease of which we had to move out after 5 months due to our baby being born and it being too hard to stay in California when our families were in NY and NJ. We kindly explained that to the landlord but they are making it extremely difficult and expecting us to pay the remainding $11,000 some odd dollars in rent. However, my boyfriend never signed the lease, so I am wondering if it holds any validity? Also, we are both in the Navy Reserves and got orders back to NJ...they took out $37.73 of my boyfriends pay with no written notice or his knowledge, is that legal? Any help would be greatly appreciated.

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Attorney answers 1


The lease is valid as between the tenant who signed and the landlords. But they are not allowed to simply demand the rest of the year's rent. They must seek other replacement renters and give you a credit against rent yoiu might owe. These people are taking advantage of you because you are in the service and they figure there's nothing you can do so they'll ream you. Get a tenant's lawyer or go to a tenant's eviction service for free help.