Roommate won't renew lease but won't move out either (Long Beach: apartment, tenant)

[rm9867]

Hi,

I'm in a rather complicated situation. I've been living in an apartment for a few years. My old roommate had to leave so I had to bring a new person in.

Long story short, this person has been rather difficult at various times during the lease. Up until now, I've been able to swallow the difficulties in order to keep the peace.

The most recent trouble started with the lease renewal. For clarity, let's call this roommate Roommate A.

I knew the renewal period was coming up, so I asked Roommate A what their intentions were about the lease, Roommate A couldn't decide what to do. I told Roommate A that I had a person, Roommate B, who would love to move in if Roommate A decides to leave, and that I was leaning towards staying in the apartment. Roommate A said they didn't know what they wanted to do.

After a week, I told Roommate A that I'd need to know their decision before the 30 day notice period on the apartment, so I'd have time to vacate or add someone else to the lease if they decided not to renew. Still no decision.

I gave roommate A a deadline and said I absolutely have to have a decision by X date. X date came and Roommate A said they would leave and I could add on a new person. I told Roommate A to go down and take himself off the lease, and that I would take care of the rest with roommate B. Roommate A says ok.

The 30 days notice period comes and goes a few days later, and Roommate B is ready to move-in next month (app and all forms ready to go). Now, Roommate A has changed their mind and refuses to leave the apartment, or renew the lease unless I agree to do it according to their lease term. Because Roommate A waited until after the 30 day notice period to change their mind, I'm not allowed to vacate right away. However, I made it clear that I would not screw over Roommate B due to Roommate A's indecisiveness. And that either Roommate A needed to vacate and allow Roommate B to move in like we agreed, or I would vacate with Roommate B...but that I would not continue to live with Roommate A. Roommate A's stance is that if Roommate A has to leave, then everyone should lose the apartment...even though I've been there much longer (which I know doesn't necessarily mean anything in terms of the lease, it's just a sucky thing for Roommate A to do considering it's fully furnished w/ all of my things.)

What are my options in this situation? Roommate A is now essentially squatting in the apartment, forcing the lease to default into a holdover tenant situation, that I haven't agreed to.

I spoke to my building about this, and said I was prepared to renew with Roommate B even if it meant giving up my apartment and flipping to a different one (which is worst case scenario). I got conflicting answers but one person said that if I choose to vacate and Roommate A continues to refuse to sign anything or vacate, that I'll still be on the lease as a holdover tenant (being forced to pay a $700 surcharge) and have to pay rent in two places because of Roommate A's refusal to vacate (essentially it doesn't matter if I give written notice, Roommate A's refusal to leave binds me to the lease forever). I'm not exactly understanding how if my lease with Roommate A ends, and Roommate A refuses to renew, I'm forced into a continued lease in perpetuity because Roommate A won't leave the apartment...thus having to pay almost one thousand dollars extra per month to stay in an apartment with someone who refuses to renew or vacate. How can a tenant hold another tenant hostage like this? What are my rights? And how can I be forced to pay holdover rent when I'm ready to renew with a new person and have stated under no uncertain terms that I do not wish to be a holdover resident? Please Advise!

[russlancea]

Why don't you call the Fair Housing Council and get someone who knows the law to advise you? I called the OC chapter once and they were very helpful. I got a live person on the line who listened and didn't rush me off the call. Not sure what part of LA you're in, but this is the one in LB. They serve many cities.

Fair Housing Foundation
10.2 mi · 3605 Long Beach Blvd #302
(562) 989-1206

P.S. What a pain "A" is. Who in the world would want to live with you if you're acting this way?