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griggledoo · Feb 2, 2011, 02:29 PM

So I put in a 30 day notice, to both my roommates, and my apartment manager. We have been living together very poorly for the last two years, now that I have moved out, after putting in the 30 day notice, the owner of our apartment complex is saying that we have not turned over possession of the apartment, since my roommates refused to move out as well and that they will sue everyone who was originally on the lease.

Is it not possible to move out of an apartment (month to month lease) without our roommates agreeing to move out as well? Or are we destined to spend the rest of our lives stuck with these horrible people? I thought evfore the erything was fine, not a single possession of mine is still in the apartment, and we were out before the 30 days.

JudyKayTee · Feb 2, 2011, 02:43 PM

This was a month to month tenancy, correct? You were on the paperwork?

If you moved out after giving proper notice to the landlord the people responsible for the rent are the two who are remaining. This is ONLY if you were month to month. You are responsible until the end of the rental period - in this case, one month.

If he sues you then you sue them.

AK lawyer · Feb 2, 2011, 04:53 PM

The only problem is that the three of you are jointly and severally liable on the lease. A lease is a contract. It's a good question, but your LL could argue that all three tenants are in breach unless all three move out in a timely manner.

In other words, you are in effect a guarantor of your roommates performance under the contract.

The other two want to stay but the LL doesn't want them to stay, right?

I'm not sure how a judge would rule on this one.

JudyKayTee · Feb 2, 2011, 04:59 PM

It's a month to month tenancy with three tenants and a landlord. Once one gives notice doesn't that void the contract?

I'm not sure and I agree a Judge would make the decision.

I'm thinking more in terms of month to month and the contract ending with 30 days notice, same as a lease for, say, a year when one roommate leaves (after giving notice) and the other two are solely responsible if it renews.

Or not - ?

AK lawyer · Feb 2, 2011, 05:25 PM

Originally Posted by JudyKayTee

... Once one gives notice doesn't that void the contract?

It's a subtle distinction, but I believe the contract isn't void (i.e.: no longer exists, in effect), but rather breached (i.e.: one or more parties failed to perform something thing they promised to perform). A void contract cannot be enforced; a breached one can.

In the case of a fully-performed lease contract, where the lessee gives due notice and moves out at the end of the lease term, the contract isn't void; it is completed.