Riverside, CA asked in Collections and Landlord - Tenant for California

Q: debt collection on apartment rent. Am i responsible for my adult daughter's unpaid rent after i moved out of the apt?

i lived in an apartment for 3 years. I paid rent on time every month, until my adult daughter moved in during covid. She became mentally ill and could not hold down a job. I officially moved out and paid my last months rent. My daughter stayed and did not pay rent for almost 3 years. She is 41 now and in a mental hospital.

Am I liable for the rent?

She is in a mental hospital right now.. Is she liable for the debt or does her mental illness absolve her?

this occurred in L.A. thanks

2 Lawyer Answers

A: Thank you for your question!

If your name is on the lease, you are still liable for the rent. You mentioned that rented the apartment yourself, and after you moved out, you were not released from the lease agreement by the landlord. Then, the landlord can collect money from you.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

James L. Arrasmith
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Answered

A: In California, liability for unpaid rent depends on the terms of the lease agreement. If you were the only person on the lease and officially moved out, paying your last month's rent, you are typically not responsible for the rent accrued after you moved out. However, if your name remained on the lease and you did not formally remove yourself, you could still be held liable for the unpaid rent.

Your adult daughter, despite her mental illness, is generally responsible for her own debts, including unpaid rent. Mental illness does not automatically absolve someone from financial obligations. However, her ability to pay and her mental health condition might be considered in court, possibly leading to a different outcome regarding her liability.

Given these circumstances, it may be beneficial to consult with a legal professional to fully understand your position and potential liabilities. They can provide specific guidance based on the details of the lease and any legal protections that might apply to your daughter due to her mental health status.

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