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View Full Version : Can my roommate continue to stay in the apartment without me after lease expires?


Akakuma
Jul 7, 2011, 11:44 AM
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 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.

AK lawyer
Jul 7, 2011, 11:59 AM
... 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? ...

No. You have given your notice. If you move out, you will not be further obligated, assuming no unusual language pertaining to the subject in the lease. If your roommate chooses to stay, that is between the roommate and the landlord.

ballengerb1
Jul 7, 2011, 12:29 PM
I agree but you need to make your notice in writing, not just verbally. California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml)