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Hi, new to the forum but had an important question. My 12 month lease is up at the end of the month and I went in last week to put in my 30 day notice. However, I made the mistake of moving in with my ex (then girlfriend at the time) and her dad also signed the lease because he would be staying there when he was traveling back and forth. Management told me that they required all three of our signatures on the 30 day notice form, which is one they have drawn up. I signed my signature but was told that it could not go into effect until the ex and her father signed it. I informed them of this, but as of yesterday when they were suppose to sign, it has still not been signed. My ex does not live in the apartment anymore and I have already moved my stuff out back to my parents a town over. So my question is: is there a way that I can remove my name from the lease since the 12 months is over, and they are not signing the 30 day notice?
I am located in California.
Last edited by chico2chong; 06-02-2013 at 07:48 PM..
Reason: Location added
Did they contact you previously, asking if you wanted to renew your lease?
You could inform your ex and her father that if any legal action ensues, all 3 of you are 100% liable for all the terms of the lease. That might wake 'em up.
sounds like you already did. By signing the 30 day notice you advised the LL that 'you' would not be
residing there after the 30 days. It may be a problem for your ex and her Dad, which you could politely advise them of. tell them you signed yourself off the lease and will not be renewing and adios...
Koale
Hi, new to the forum but had an important question. My 12 month lease is up at the end of the month and I went in last week to put in my 30 day notice. However, I made the mistake of moving in with my ex (then girlfriend at the time) and her dad also signed the lease because he would be staying there when he was traveling back and forth. Management told me that they required all three of our signatures on the 30 day notice form, which is one they have drawn up. I signed my signature but was told that it could not go into effect until the ex and her father signed it. I informed them of this, but as of yesterday when they were suppose to sign, it has still not been signed. My ex does not live in the apartment anymore and I have already moved my stuff out back to my parents a town over. So my question is: is there a way that I can remove my name from the lease since the 12 months is over, and they are not signing the 30 day notice?
I am located in California.
You should go see a lawyer. The apartment manager is not who decides what a valid termination notice is, it is decided by law. But of course the easy way is to locate the father and the ex.
As KonaKat stated, all three of you are equally responsible for the terms of the lease. Although you signed the notice, it is not valid until all signatories of the lease sign as well. All you have done is provided your single signature on a document requiring three signatures. Should they come in and say they are giving notice, the landlord will not need your signature as you already gave it.
I understand that all three of us are responsible for the lease, but my lease is up at the end of the month either way. All I'm saying is I do not want to be in the apartment when it rolls over to month to month. So my question is if I have given my 30 day notice, will I be responsible for the apartment after our 12 month lease is up since I have given my proper 30 day notice? http://www.city-data.com/forum/data:...EBkoIECg+qgQA7
Also, most leases hold the tenants "jointly and severably liable" meaning they can go after 1 or all of you. If you are the one they can find, you're "it."
This is silly. I've never heard of being required to sign a 30 day notice form. Just send them a certified letter stating that you are giving 30 days notice that you will be vacating at the end of your lease, 06/30/2013, and leave. They cannot require you to auto-renew the lease because the roommates failed to sign. A lease renewal is not opt-out.
This is silly. I've never heard of being required to sign a 30 day notice form. Just send them a certified letter stating that you are giving 30 days notice that you will be vacating at the end of your lease, 06/30/2013, and leave. They cannot require you to auto-renew the lease because the roommates failed to sign. A lease renewal is not opt-out.
That's what I've been thinking but I'm no expert in California of course. We always call our tenants and if they want to renew we type up a new lease. If they say no, we notify the owners and arrange to re-rent. Because actually, if we never called them, and they just moved out at the end of that last month, there is nothing anyone can do because - hello - the lease EXPIRED! In Hawaii, if no one does anything for 60 days (and they're still in the property) only then does it "automatically" convert to a month to month lease.
OP: They cannot force you to sign a new lease or to stay in the apartment! I think you need to get in touch with whomever is over the head of that person you talked to. This just doesn't make sense.
That's what I've been thinking but I'm no expert in California of course. We always call our tenants and if they want to renew we type up a new lease. If they say no, we notify the owners and arrange to re-rent. Because actually, if we never called them, and they just moved out at the end of that last month, there is nothing anyone can do because - hello - the lease EXPIRED! In Hawaii, if no one does anything for 60 days (and they're still in the property) only then does it "automatically" convert to a month to month lease.
OP: They cannot force you to sign a new lease or to stay in the apartment! I think you need to get in touch with whomever is over the head of that person you talked to. This just doesn't make sense.
While this is true, they can't re rent that unit without hearing from the other tenants. The other tenants have to give their notice as well or the unit goes to a month to month agreement (usually, but state law prevails of course)
What I see happening is an eviction for non payment of rent and violation of lease for not occupying unit and not keeping utilities on and in good standing.
The OP needs to get these other people to send in their notice as well...they shouldn't have to 'sign a form' all they need is a certified letter stating they won't be renewing their lease. The OP needs to tell them they are running a risk of an eviction..that might stir some reaction.
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well...
