My daughter's roommate decided to move out 5 months before the end of her lease. She gave a 30 day notice and agreed to waive her security deposit. The lease requires a roommate release form be signed by both parties (which we haven't signed yet). My daughter hasn't been able to find suitable roommates who can afford the rent and wants to move out too. Can the roommate be held responsible for the fee to break the lease early since her decision to move out early is directly responsible for both parties wishing to leave? Can the roommate be held responsible for the security deposit, utility deposit and pet deposit on a new apartment since it wouldn't be a necessary expense had the roommate not left early?

Your daughter can sue the roommate for any damages she incurs because the roommate broke the lease. But if she signs the release, she may be giving up her right to sue.

But suing and winning and, more importantly, collecting are different things.

As said, she might win in Small Claims, but collecting the amount awarded is another matter.
(How could your daughter's pet deposit could be part of this?)

My daughter had to pay a $500 pet fee (non-refundable) when she and her roommate moved into their apartment. If my daughter moves too, she will have to pay a similar fee to the new apartment. The fee wouldn't be necessary if she didn't have to move. I don't see any other option as the rent in her current apartment prohibits most potential roommates (students) that she knows.

Who all signed the lease? When two people sign a lease the landlord cares little who pays, if one does not pay he seeks all rent from the other party. Unless your daughter and her roommate had some other written agreement she may be on thin ice. Can you give more details about "The lease requires a roommate release form be signed by both parties " is that the exact wording?

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Originally Posted by ballengerb1

Who all signed the lease? When two people sign a lease the landlord cares little who pays, if one does not pay he seeks all rent from the other party. Unless your daughter and her roomate had some other written agreement she may be on thin ice. Can you give more details about "The lease requires a roommate release form be signed by both parties " is that the exact wording?

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The lease was signed by my daughter (age 20), her roommate (age 18), her roommate's mother and my husband & I. The roommate's mother did agree to pay rent for May and possibly June to allow time for replacement roommates to be found. But since she is having difficulty finding anyone who can afford half of the rent, she is considering opting out of the lease early. If that is the option she chooses, we think the roommate should pay the $2300 fee for early termination and any deposits required for the new apartment. Here are excerpts from the lease you may find helpful:
JOINT AND SEVERAL LIABILITY AND AUTHORITY: All persons signing this Lease as Resident shall remain jointly
And severally liable for all obligations arising hereunder, whether they remain in actual possession of the Premises.
The giving by any individual Resident of a notice of termination of tenancy shall not terminate the Lease as to that
Resident unless all Residents vacate the Premises by the agreed date. Landlord may, however, treat any such notice as a
Notice binding against all Residents of the Premises, and may institute unlawful detainer proceedings against all Residents
If they do not restore possession of the Premises to Landlord on or before the end of the notice period.
Conversely, Landlord may, at its sole option, if one or more Resident gives notice but all Residents do not
Return possession of the Premises to Landlord within the notice period, continue the tenancy in effect and, if Landlord does
So, all Residents, including the Resident giving notice, shall remain fully liable for all obligations arising hereunder whether
Or not they remain in occupancy of the Premises.

ABANDONMENT: Resident shall not vacate or abandon the Premises at any time during the term of this Lease. If
Resident shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, then
Landlord shall have the right to take immediate possession of and re-enter the Premises and remove any and all personal
Property therein. Any Personal property left on the Premises after the premises are vacated by Resident(s) will be
Disposed of in accordance with California law.

OPTION TO TERMINATE: Resident is expected to remain a Resident for the entire term specified in this Lease. If
Resident fails to do so, Resident will be responsible to Landlord for all damages provided by law, including (but not limited
To) rent due through the end of the Lease term, minus rents paid by a replacement tenant (if any). This amount will vary
Depending upon how long it takes the Landlord to find a replacement tenant. Therefore, this amount cannot be determined
In advance and it is difficult to estimate.
To avoid this uncertainty, Resident may choose to exercise an early termination option. Resident may choose to pay a flat
Fee in advance to terminate the lease early, rather than remaining liable for rent due through the end of the lease term. To
Exercise this option, Resident must deliver to Manager:
• a written notice stating that Resident has elected to exercise this option;
• an early termination option fee of $2,395.00. And reimbursement of all move-in concessions;
• rent and other amounts due through the accelerated termination date.
When Landlord has received the written notice and payment, and has signed the notice, the Lease termination date will be
Amended. The new termination date will be the date specified in the notice which must be at lease thirty days after the
Written election and payment are given to Landlord. Exercise of the early termination option will affect only Resident's rent
Obligations after the accelerated termination date; Resident must comply with all other Lease obligations.
The notice will not accelerate the termination date if:
• Resident is in default under the lease at the time that Resident gives notice of Resident's exercise of the option;
• Resident provides the notice unaccompanied by the fee above; or
• Resident does not properly exercise the early termination option by following the procedure specified above, but
Vacates the property before the termination date specified in the Lease.

ENTIRE AGREEMENT: This Lease and any addenda sets forth the entire agreement between the parties with respect
To the matters set forth herein. It shall not be altered nor modified unless such alteration or modification is in writing and
Signed by all signatories hereto. No verbal agreements or representations have been made or relied upon by either party
Or any agent or employee of either party, and neither party nor any agent or employee of either party is entitled to alter any
Provisions of this Lease by any verbal representations or agreements to be made subsequent to the execution of this
Lease. The foregoing notwithstanding, should Resident hold over after the expiration of the Lease term on a month to
Month holdover basis, Landlord may change any provision of this Lease without the consent of Resident in the manner
Prescribed by California Civil Code Section 827.

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Originally Posted by plackey

The lease was signed by my daughter (age 20), her roommate (age 18), her roommate's mother and my husband & I. The roommate's mother did agree to pay rent for May and possibly June to allow time for replacement roommates to be found. But since she is having difficulty finding anyone who can afford half of the rent, she is considering opting out of the lease early. If that is the option she chooses, we think the roommate should pay the $2300 fee for early termination and any deposits required for the new apartment. Here are excerpts from the lease you may find helpful:
JOINT AND SEVERAL LIABILITY AND AUTHORITY: All persons signing this Lease as Resident shall remain jointly
and severally liable for all obligations arising hereunder, whether or not they remain in actual possession of the Premises.
The giving by any individual Resident of a notice of termination of tenancy shall not terminate the Lease as to that
Resident unless all Residents vacate the Premises by the agreed date. Landlord may, however, treat any such notice as a
notice binding against all Residents of the Premises, and may institute unlawful detainer proceedings against all Residents
in the event that they do not restore possession of the Premises to Landlord on or before the end of the notice period.
Conversely, Landlord may, at its sole option, in the event that one or more Resident gives notice but all Residents do not
return possession of the Premises to Landlord within the notice period, continue the tenancy in effect and, if Landlord does
so, all Residents, including the Resident giving notice, shall remain fully liable for all obligations arising hereunder whether
or not they remain in occupancy of the Premises.

ABANDONMENT: Resident shall not vacate or abandon the Premises at any time during the term of this Lease. If
Resident shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, then
Landlord shall have the right to take immediate possession of and re-enter the Premises and remove any and all personal
property therein. Any Personal property left on the Premises after the premises are vacated by Resident(s) will be
disposed of in accordance with California law.

OPTION TO TERMINATE: Resident is expected to remain a Resident for the entire term specified in this Lease. If
Resident fails to do so, Resident will be responsible to Landlord for all damages provided by law, including (but not limited
to) rent due through the end of the Lease term, minus rents paid by a replacement tenant (if any). This amount will vary
depending upon how long it takes the Landlord to find a replacement tenant. Therefore, this amount cannot be determined
in advance and it is difficult to estimate.
To avoid this uncertainty, Resident may choose to exercise an early termination option. Resident may choose to pay a flat
fee in advance to terminate the lease early, rather than remaining liable for rent due through the end of the lease term. To
exercise this option, Resident must deliver to Manager:
• a written notice stating that Resident has elected to exercise this option;
• an early termination option fee of $2,395.00. and reimbursement of all move-in concessions;
• rent and other amounts due through the accelerated termination date.
When Landlord has received the written notice and payment, and has signed the notice, the Lease termination date will be
amended. The new termination date will be the date specified in the notice which must be at lease thirty days after the
written election and payment are given to Landlord. Exercise of the early termination option will affect only Resident's rent
obligations after the accelerated termination date; Resident must comply with all other Lease obligations.
The notice will not accelerate the termination date if:
• Resident is in default under the lease at the time that Resident gives notice of Resident's exercise of the option;
• Resident provides the notice unaccompanied by the fee above; or
• Resident does not properly exercise the early termination option by following the procedure specified above, but
vacates the property before the termination date specified in the Lease.

ENTIRE AGREEMENT: This Lease and any addenda sets forth the entire agreement between the parties with respect
to the matters set forth herein. It shall not be altered nor modified unless such alteration or modification is in writing and
signed by all signatories hereto. No verbal agreements or representations have been made or relied upon by either party
or any agent or employee of either party, and neither party nor any agent or employee of either party is entitled to alter any
provisions of this Lease by any verbal representations or agreements to be made subsequent to the execution of this
Lease. The foregoing notwithstanding, should Resident hold over after the expiration of the Lease term on a month to
month holdover basis, Landlord may change any provision of this Lease without the consent of Resident in the manner
prescribed by California Civil Code Section 827.

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Note: I have also requested a copy of the "roommate release" (as the manager refers to it) over 2 weeks ago and still haven't received it.

Mostly standard lease terms. However, one new piece of information comes in here. Since the mother co-signed, she can also be sued for the expenses. Does the lease say anything about a roommate being able to separately terminate? I should think the roommate would be subject to the same early termination penalty.

Quote:

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Originally Posted by plackey

Note: I have also requested a copy of the "roommate release" (as the manager refers to it) over 2 weeks ago and still haven't received it.

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As I read the portion of the lease you quoted, a specific "roommate release" form is not required:

"OPTION TO TERMINATE: Resident is expected to
...
To exercise this option, Resident must deliver to Manager:
• a written notice stating that Resident has elected to exercise this option;
..." (emphisis added)

It doesn't say something like "notice form supplied by landlord".

You might also point out to the landlord (not that it makes a bit of difference, but just so that they can correct it) a spelling error in the lease:

"The new termination date will be the date specified in the notice which must be at lease thirty days after the ..."

The underligned word should be "least".

Quote:

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Originally Posted by ScottGem

Mostly standard lease terms. However, one new piece of information comes in here. Since the mother co-signed, she can also be sued for the expenses. Does the lease say anything about a roommate being able to separately terminate? I should think the roommate would be subject to the same early termination penalty.

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No, the lease doesn't mention separate termination and that's one of my concerns. The manager verbally told us about the roommate release in a phone call. I did obtain a copy of the release yesterday and essentially it releases the vacating roommate from all responsibilities and liabilities.

It reads:
It is agreed that ______(remaining resident) and ______(owner/agent) hereby release_______(vacating roommate) from the Lease-Rental Agreement referenced above.
The vacating roommate(s) hereby relinquish all rights and possession of the residential unit and interest in any deposits held in trust to the remaining resident(s).
The remaining resident(s) hereby accept all responsibility and liability as set forth in the Lease-Rental Agreement, including providing a current proof of renter's insurance.

The roommate moved out yesterday and replaced the doorknob to her room with a keyed lock (I assume the manager has a key). Currently she is still responsible for her part of the rent. But what I don't understand is how she can walk away from the apartment before the end of the lease and not have to pay some type of penalty. My daughter is now left with finding a new roommate (which she has been unable to do so far) and signing the release or terminating the lease and paying the fee of $2395 (one month's rent) so she can relocate to another less expensive apartment and paying the required expenses that go along with that.

Quote:

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Originally Posted by AK lawyer

As I read the portion of the lease you quoted, a specific "roommate release" form is not required:

"OPTION TO TERMINATE: Resident is expected to
...
To exercise this option, Resident must deliver to Manager:
• a written notice stating that Resident has elected to exercise this option;
..." (emphisis added)

It doesn't say something like "notice form supplied by landlord".

You might also point out to the landlord (not that it makes a bit of difference, but just so that they can correct it) a spelling error in the lease:

"The new termination date will be the date specified in the notice which must be at lease thirty days after the ..."

The underligned word should be "least".

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The lease doesn't mention separate termination and that's one of my concerns. The excerpt above assumes both parties are vacating. The manager verbally told us about the roommate release in a phone call. I did obtain a copy of the release yesterday and essentially it releases the vacating roommate from all responsibilities and liabilities.

It reads:
It is agreed that ______(remaining resident) and ______(owner/agent) hereby release_______(vacating roommate) from the Lease-Rental Agreement referenced above.
The vacating roommate(s) hereby relinquish all rights and possession of the residential unit and interest in any deposits held in trust to the remaining resident(s).
The remaining resident(s) hereby accept all responsibility and liability as set forth in the Lease-Rental Agreement, including providing a current proof of renter's insurance.

The roommate moved out yesterday and replaced the doorknob to her room with a keyed lock (I assume the manager has a key). Currently she is still responsible for her part of the rent. But what I don't understand is how she can walk away from the apartment before the end of the lease and not have to pay some type of penalty. My daughter is now left with finding a new roommate (which she has been unable to do so far) and signing the release or terminating the lease and paying the fee of $2395 (one month's rent) so she can relocate to another less expensive apartment and paying the required expenses that go along with that. Since it was the decision of the roommate to vacate, I think she should not have the option of leaving without paying the early termination fee in full and also being responsible for any expenses my daughter incurs due to relocation.

First, off, unless your daughter signs that release its worthless. There is no way either the landlord or the roommate can legally place full responsibility on your daughter (as that release does) without her consent. It would not hold up in a court. If the landlord signs that agreement, I think your daughter can use that to get a release from the lease without requiring the termination fee.

You are right, legally the roommate cannot walk away without penalty. I would argue that the landlord cannot legally release one roommate without allowing the other the same release.

And, again, your daughter has a very good case to win a judgment awarding her damages (i.e. her costs for having to move early). The problem again is collecting. But with the mother as a co-signer, she can name both in her suit. This means a better chance of collecting from the mother.

As ScottGem says, you and you daughter should not sign the "roomate release".

However you probably do want to exercise the early termination option. I suggest you modify the "roommate release for that purpose"

We (you and your daughter) elect to exercise the "early termination option" in the lease described as ____.
By exercising this option, it is not agreed that _______(vacating roommate) be released from the Lease-Rental Agreement referenced above.

The remaining resident(s) hereby reserve any and all claims, for indemnification or otherwise, they may have against (the vacating roommate, an her co-signer), including those for obligations set forth in the Lease-Rental Agreement." (Added language in italics; other language deleted.)