My jurisdiction is: California, not rent-controlled
Hello,
I currently am living in an apartment with me and three roommates. Our lease ends in the next couple of weeks, at which point three of us will be moving out, leaving one behind (let's call him B). This has been known for at least a year.
We have been unable to find replacement roommates for the three of us. B signed a renewal lease a couple months ago, he now would like to back out of it but management won't let him. We have been given roommate removal forms to sign, the text of which is:
Each of us currently has an equal share in the security deposit. The three of us were under the impression that B would pay us our share of the deposit when we leave, so he would then have paid in the entire deposit. However, B is under the impression that when replacement roommates are found, they would pay us our shares of the deposit. This would be acceptable, except that B cannot afford the rent for the entire apartment, so he has indicated that if no roommates are found, he will break the lease, forfeiting the deposit.
I believe that since we gave notice well in advance of our leaving, and we are leaving at the end of the lease, B should pay us out for the deposit since he chose to stay, even if he regrets that decision.
So there are two questions I have:
Thanks in advance. I intend to contact a lawyer but we need all the help we can get.
Hello,
I currently am living in an apartment with me and three roommates. Our lease ends in the next couple of weeks, at which point three of us will be moving out, leaving one behind (let's call him B). This has been known for at least a year.
We have been unable to find replacement roommates for the three of us. B signed a renewal lease a couple months ago, he now would like to back out of it but management won't let him. We have been given roommate removal forms to sign, the text of which is:
I, ______________, request to have my name removed from the lease dated <current lease dates> for apartment ____.
Effective <end of current lease>, I agree to relinquish any title, right of entry, or occupancy to the said premises.
Furthermore, it is understood that any refund or rents or deposits that may be due at the termination of that lease will be made to the then legal residents. (emphasis added)
It requires signatures from the resident that is leaving and all other residents. We have three forms and all four of us are required to sign each of them. So far I have been reluctant to sign because of the last sentence about the deposit.Effective <end of current lease>, I agree to relinquish any title, right of entry, or occupancy to the said premises.
Furthermore, it is understood that any refund or rents or deposits that may be due at the termination of that lease will be made to the then legal residents. (emphasis added)
Each of us currently has an equal share in the security deposit. The three of us were under the impression that B would pay us our share of the deposit when we leave, so he would then have paid in the entire deposit. However, B is under the impression that when replacement roommates are found, they would pay us our shares of the deposit. This would be acceptable, except that B cannot afford the rent for the entire apartment, so he has indicated that if no roommates are found, he will break the lease, forfeiting the deposit.
I believe that since we gave notice well in advance of our leaving, and we are leaving at the end of the lease, B should pay us out for the deposit since he chose to stay, even if he regrets that decision.
So there are two questions I have:
- Is B required to pay us our part of the deposit if he is the only one on the new lease, or can he make us wait until replacements are found?
- It does not seem right to me that B can sign the lease by himself, claiming our share of the deposit, then break it and forfeit our money. Is there anything we can do to invalidate that lease? Do the removal forms we were asked to sign have any effect on this?
Thanks in advance. I intend to contact a lawyer but we need all the help we can get.
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