[just thoughts]

My housemates and I were all on a lease together. In 2008, we started a periodic tenancy. I emailed my landlord in November of 2009 to indicate that I planned to move out by January 1st, 2010. Initially, he said that it was okay. Two days later, he told me that I would need a letter from my housemates saying that they were okay with my move and would take over the monthly rent. For insane reasons, I couldn't get the letter. I move out January 1st, and my housemates move out on January 21st. Am I responsible for the rent for January 1 - 21st?

[AK lawyer]

My housemates and I were all on a lease together. In 2008, we started a periodic tenancy. I emailed my landlord in November of 2009 to indicate that I planned to move out by January 1st, 2010. Initially, he said that it was okay. Two days later, he told me that I would need a letter from my housemates saying that they were okay with my move and would take over the monthly rent. For insane reasons, I couldn't get the letter. I move out January 1st, and my housemates move out on January 21st. Am I responsible for the rent for January 1 - 21st?

You say you were on a "periodic tenancy". Does this mean the lease was still in effect? If not, what was the period?

[ScottGem]

A lot depends on how the lease was signed. But the likelihood, is no, you won't owe it.

[just thoughts]

A lot depends on how the lease was signed. But the likelihood, is no, you won't owe it.

Sorry, I should have clarified. We all signed one lease together. I have heard both sides - that as long as I give 30 days notice to everyone - that means that I can move out. I have also heard that I am responsible for getting this letter authorizing the move, or else I am still responsible for rent until my housemates decide to move.

We have all since moved, but this concerns my portion of the security deposit.

[just thoughts]

You say you were on a "periodic tenancy". Does this mean the lease was still in effect? If not, what was the period?

Oh yeah, I live in California. Also, by periodic tenancy, I just mean that we were on a month-to-month lease, as opposed to the traditional fixed term lease.

[ScottGem]

Again, a lot depends on the wording of the original lease. How is the clause about occupants worded, what about the clause on notice?

[AK lawyer]

My thoughts on the requested letter are these: You and your house-mates are already jointly and severally liable for the rent. This means that if you didn't pay the housemates would have been responsible for it anyway. So, from the landlord's point if view, such a letter would not have changed things.

Assuming the lease fails to provide what is to happen if one of several tenants moves out, and if you have given appropriate notice as required by the lease, you should be refunded your deposit. I guess that would be the point of the letter: the housemates give up their claim against your deposit (which otherwise would protect them in case you failed to pay your share of the rent). Although the LL failed to enunciate it clearly, the letter should specificlally waive any claims the housemates could otherwise make against the deposit.

[just thoughts]

My thoughts on the requested letter are these: You and your house-mates are already jointly and severally liable for the rent. This means that if you didn't pay the housemates would have been responsible for it anyway. So, from the landlord's point if view, such a letter would not have changed things.

Assuming the lease fails to provide what is to happen if one of several tenants moves out, and if you have given appropriate notice as required by the lease, you should be refunded your deposit. I guess that would be the point of the letter: the housemates give up their claim against your deposit (which otherwise would protect them in case you failed to pay your share of the rent). Although the LL failed to enunciate it clearly, the letter should specificlally waive any claims the housemates could otherwise make against the deposit.

Wow, everyone that I talk to about this says something different. My landlord was pretty adamant that I needed this letter. One of my housemates didn't want to let me out of the lease so she refused to sign off on the letter. I mentioned to him that the lease indicates what should happen if one person doesn't pay their portion of the rent (exactly what you mentioned), but he said that I misread it.

I spoke with someone at Legal Aid, and they told me that I am obligated to get this letter. Someone else at a Community Law Center said that as long as I gave my 30 day notice (I gave almost 60), and that my LL acknowledged it (he did over email), that I'm not liable for the rent. Is there anywhere that I can find a definite answer? (It's the law... there are no definite answers... )

[AK lawyer]

It's the law...there are no definite answers.

Now you got it. :)