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-   -   Legally bound even after lease is up?! (https://www.askmehelpdesk.com/showthread.php?t=38150)

  • Oct 20, 2006, 11:40 AM
    henna001
    Legally bound even after lease is up?!
    Ok, here's the situation. My roommate and I signed a 10 month lease, and the lease is up on the 31st of this month. I am moving out because I've found a new job in another city. My roommate still wants to live in the apartment, so we started looking for people to fill the room. I've done all I can to help expediate the process because I my roommate is also a friend of mine, and I didn't want to leave her high and dry. The problem is that she wants to sign another 9 month lease to be able to move out by July of 07', and she needs to do that by Nov 1st. She keeps saying that I'll have to sign the lease with her and then we can just sign off my name and add another tenants name when we find one. I am refusing to sign another lease because I don't want to get into a legal obligation to be paying rent when I'm not living there on the chance that the room doesn't get filled soon. I was also being generous enough to say that I would pay for Novembers rent (even though I'm moving out on October 31). I was planning on giving the apartment complex (landlord) my 30 day notice on November 1st.

    So here is the issue... my roommate said she talked to the leasing department and apparently because we both went in on the apartment together, signing the lease, she has to sign me off the lease in order for me to move out, and if not I'm still liable. I called the leasing department to verify this, and they agreed. Now I'm totally confused... how is that possible? My lease is up on the 31st of this month, and I am even giving a 30 day notice? And just because she doesn't sign off, I still have to pay? What is the point in signing a lease?! Does this sound legal? Because from the picture they are painting, just because she doesn't want to move out of the apartment, she can live there forever and I still have to pay rent? Even though my lease is UP?! :mad:

    This just doesn't make any logical sense. Some please tell me that I'm not crazy for not believing what I'm hearing...

    Thank you!!

    P.S. I live in California... not sure if that makes a difference.
  • Oct 20, 2006, 12:29 PM
    ScottGem
    You have a signed lease that expires on 10/31. You have already given notice of your intention not to renew the lease, giving 30 days as proscribed, and of your plans to move out by 10/31. If that's the case, you are under no obligation to sign any new or extended lease or to pay any rental after 10/31.

    The only way you would be responsible for any rental after 10/31 is if you had given less than 30 days notice. If you have, then you would be liable for the November rent or a prorated portion of it, if a replacement tenant can be found before the end of November.

    DO NOT sign any lease extension or new lease.
  • Oct 20, 2006, 12:30 PM
    LisaB4657
    They are feeding you utter nonsense. If you give written notice that you are moving out at the end of your lease term, and if you do not sign a new lease, and if you do move out on time, then they cannot hold you responsible for anything except for any damage you may have caused to the property.
  • Oct 24, 2006, 12:34 PM
    henna001
    Thanks so much for your help! The answers really did help me realize that I'm not wrong, and going crazy.

    Thanks!!
  • Oct 24, 2006, 02:47 PM
    Cvillecpm
    Write and deliver a letter to mgmt and mail a copy USPS delivery confirmation that you are leaving at the end of your lease and that you will no longer be responsible for the apt.

    Your roommate/friend probably can't qualify for the apt herself and mgmt has advised her of this.:rolleyes:

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