Legal Question in Disability Law in California

We have a multiple tenant situation where 3 peoples names are on the lease (6 month) which has ended and now we're considered month-to-month lease (didn't sign anything, but per statement on the orignial 6-month lease). 2 of the roommates have decided to move out and has given 30 day notice, but one roomate who does not qualify by credit nor income is wanting to leave the unit. The landlord is refusing to give back any portion of our deposit unless we can convince the last roommate to give notice and move out as well. What do we do? The landlord also said we'll all be responsible if the last roommate does not move and does not pay rent and it will go on all of our records. This doesn't seem fair. Are there any laws that protect us from situations like this? The one roommate is being stubborn and there's nothing we can do to rectify the situation.


Asked on 2/22/11, 5:06 pm

1 Answer from Attorneys
Martin Snitow

The landlord usually can keep the deposit until all tenants on a lease leave. You can file a small claims lawsuit against the stubborn roommate. Ask him to give notice and move out first and tell him you will sue him if you lose money because of him.

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Answered on 3/06/11, 1:22 pm


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