Hi,I signed a lease on our apartment with a roommate, and our lease expires in a month. I have told my roommate and the landlord that I am moving out after our lease expires and will not be renewing a lease.My roommate decided to stay, but landlord told me that the only way to take my name off of the lease is to have my roommate signed the new lease which she doesn't want to do since after our original lease expires she goes on Month-to-Month. Landlord also told me that I will be legally responsible for the apartment because my name will not be taken out from the lease. Can my landlord hold me responsible like this? Can my roommate stay there on Month-to-Month term even though I gave both my roommate & landlord proper notice that I will not be living there after our "original" lease expires?I live in California.
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Can my roommate continue to stay in the apartment without me after lease expires?
- Thread Starter Akakuma
- Start date
- Status
When the lease expires, the lease expires and it is done. You do not have to give notice to the landlord about moving out if the written lease terminates. Typically what happens is that after a lease expires, tenants who wish to stay do so on a month to month basis as an understanding with the landlord, agreeing to the same terms. But here, once the lease expired, it is as if there is no lease. To extend it to both of you, both of you would need to agree to the terms.
mightymoose
Moderator
Your landlord is wrong- you do not have to sign into a new lease. Your landlord needs to negotiate a new lease with the other tenant or simply go month-to-month with him... or evict him.
Make sure you give proper written notice that you are vacating. It is still required since the lease automatically becomes month to month. Without proper notice the landlord could reasonably expect you to stay.
Before you leave for good, have the landlord inspect the apartment and make note of the condition. Repair anything that is necessary and take photographs. This will help you from getting hosed later when the remaining tenant trashes the place.
Even though you are moving out, you should not expect to see your deposit refunded until EVERYONE is out. If you can, strike a deal with the remaining tenant that he will pay you what you are due for the deposit, and then the deposit the landlord holds will be payable to the remaining tenant.... this gets you out of the loop and is the fastest way to see any money- and it is quite possibly the only way you will ever see your deposit.
Make sure you give proper written notice that you are vacating. It is still required since the lease automatically becomes month to month. Without proper notice the landlord could reasonably expect you to stay.
Before you leave for good, have the landlord inspect the apartment and make note of the condition. Repair anything that is necessary and take photographs. This will help you from getting hosed later when the remaining tenant trashes the place.
Even though you are moving out, you should not expect to see your deposit refunded until EVERYONE is out. If you can, strike a deal with the remaining tenant that he will pay you what you are due for the deposit, and then the deposit the landlord holds will be payable to the remaining tenant.... this gets you out of the loop and is the fastest way to see any money- and it is quite possibly the only way you will ever see your deposit.
- Status
Share this page
