Legal Question in Real Estate Law in California
Tenant Responisbility When Roommate Stays
My roommate and I entered into a lease agreement with our landlord. I decided to move out after a year, and gave my landlord 45 days notice. I will be leaving 20 days into the month, and therefore only paid rent for 20 days. My roommate knew that I would be doing this. I put the entire deposit ($900) down on the apartment. My landlord is now saying that I owe the remaining balance of rent, and I won't get my deposit back until my roommate pays it in full. Since I gave both my roommate and my landlord 6 weeks notice of my date of vacancy, do I still owe the full month's rent, and what are my rights in regards to the deposit? Thank you!
2 Answers from Attorneys
Re: Tenant Responisbility When Roommate Stays
Both you and your roommate are liable for the rent unless the lease provides otherwise. At the end of the one-year lease, you and your roommate would normally be month-to-month tenants.
Both you and your roommate must give a 30-day notice to terminate the tenancy. You cannot do this yourself. The landlord has no duty to refund the
deposit until the tenancy ends.
You can ask the landlord to give you and your roommate a 30-day notice to terminate. This would end your obligation as a tenant. Your roommate could then apply for the apartment, assuming he qualifies financially and otherwise.
Re: Tenant Responisbility When Roommate Stays
Unless the lease says differently, you and your roommate are both typically responsible for the lease to the landlord for the term specified. You can agree with your roommate to terminate, but you're still responsible to the landlord.
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