What happens if a roommate on the lease stays behind after I move out?

[UplandMichael]

Jurisdiction

California

So I have a roommate on a lease that should now be month to month. We signed a 1 year lease in January 2015 but never signed a new lease so I believe we should be on a month to month lease.

The roommate started paying less and less of the rent beginning of the year and hasn't paid anything since April. I'm ready to leave but I'm afraid the roommate will stay behind when the moving truck shows up.

Since we're both on the lease, if the roommate refuses to leave, can my landlord come after me for the lost rent and whatever legal fees it takes him to get rid of the roommate? Or can I give him the the required 30 day notice and getting rid of the roommate becomes his problem?

 

[adjusterjack]

So I have a roommate on a lease that should now be month to month. We signed a 1 year lease in January 2015 but never signed a new lease so I believe we should be on a month to month lease.

Yes.

The roommate started paying less and less of the rent beginning of the year and hasn't paid anything since April. I'm ready to leave but I'm afraid the roommate will stay behind when the moving truck shows up.

A distinct possibility.

Since we're both on the lease, if the roommate refuses to leave, can my landlord come after me for the lost rent and whatever legal fees it takes him to get rid of the roommate? Or can I give him the the required 30 day notice and getting rid of the roommate becomes his problem?

Depends.

Did the original lease say anything about going month to month on the same terms as the expiring lease.

If yes, did you both sign a joint lease or did you each sign a separate lease.

If no to the first question, then the lease is no longer an issue and you should be safe giving the 30 days notice and leaving the roommate behind.

However, nothing actually prevents the landlord from "coming after" you. Proper notice just gives you a potential defense.

If your rent is due June 1, give your move out notice prior to June 1 with a termination date of June 30 and make sure the full amount of the rent is paid when due.

One problem I can foresee is, if the roommate stays after June 30, you'll have difficulty getting your security deposit back.

My advice: Never do roommates, even if you have to live in a 2 x nothing efficiency apartment on your own. Roommates are always trouble.