Legal Question in Real Estate Law in California
Mulitiple Tenants
Recently my boyfriend was sharing an apartment with another person. He gave his thirty day notice which was required by the month to month lease. Since it was a month to month lease and he moved out the original lease should have been terminated and a new lease between the remaining tenant and the landlord should have been in effect, right? The second question is if this is the case then he should have recieved his security deposit back within the three week time period , right? And my last question is, if there was no new lease or agreement between the remaining tenant and the landlord and the old lease had no clause saying that the tenants are jointly responsible for the entire lease and that no security deposit will be refunded until the lease has expired and both tenants move out, then he should be able to get his security deposit back?
I thank you for you time in this matter and would greatly appreciate any help in this matter.
1 Answer from Attorneys
Re: Mulitiple Tenants
A roommate who signs a lease with the landlord is usually jointly and severally liable for the rent. That means the landlord can sue either or both for the rent. Both tenants would have to give a 30-day notice for the termination to be effective.
The landlord does not have to refund the deposit when one roommmate moves out. The moving tenant should arrange for the new roommate to pay him the amount of the deposit and assign his rights to the new roommate.
If the remaining roommate does not want to give a 30-day notice, your boyfriend can ask the landlord to give a 30-day notice to him and to the remaining roommate. Most landlords want to know who is living in their units and obtain rental applications from all tenants. The landlord can require the remaining tenant and any new roommates to sign a new lease.
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