Legal Question in Landlord & Tenant Law in California
30 day notice when housemates don't leave and associated fees
I am currently on a month to month lease and have 3 housemates. I gave my landlord a 30 day notice of intent to move. he refused the notice stating that because there were 4 of us living there that all of us would have to give notice and that i am still responsible for the rent and my deposit will not be refunded. how am i responsible for my housemates decision? and also he states that if we find another housemate to move in he will charge a $150 application fee to substitute them on the lease and that they would have to give me my deposit. can the landlord do this?
1 Answer from Attorneys
Re: 30 day notice when housemates don't leave and associated fees
To answer this question, an attorney would have to review the lease agreement. Generally, the rent is going to have to be paid. The landlord doesn't care who pays it. So, if you leave then your roommates are going to have to come up with the extra scratch. If you find another roommate to sub in your place, then, can charge that roommate the security and $150.00 substitution fee. Please consult a local attorney to review the lease agreement. Good luck and thanks for inquiring.