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Me and my room-mate both are listed as lease holder on the apartment lease. The lease is ending in September and requires a 60 day notice in case we decide to move out at the end (else it will automatically renew month-to month).
I want to move out and roommate wants to stay.
1.) Can i just go 60 days before and say that I have decided to move out. What if my roommate also goes and says that he wants to renew (lets say for another 12 months)? What will happen in this scenario?
2.) Can the apartment renew the lease with both our names, even though I had clearly stated that I want to move out. More specifically, what is the apartment management supposed to do in this scenario?
3.) This point is more of my imagination or guess, but want someone to confirm. Can the apartment say that we'll deal this by assuming you both are moving out at the end of lease and not renewing. But my roommate can stay by applying for a new lease for the same apt and pay the typical application and processing. My roommate may not like that and say that as a current leaseholder, he has a right to renew even though the other lease holder doesn't and wants to move out.
If I was you, I'd go ahead and give written notice to both the roommate and the landlord that you intend to move out at the end of the lease.
If I was your landlord, I'd write up a document that the roommate who is staying agrees to find a replacement roommate by the end of the lease who I approve, or it will be considered terminated.
If the roommate stays, I'd write up an agreement that any refund for deposit to you must be worked out between you and the roommate, but that I will keep the original deposit until the roommate does finally move out, and that the roommate who is staying agrees to be responsible for any damage that might have been done by you, if he stays. I'd get everyone to sign it.
If your roommate doesn't refund you any of your security deposit, you'll have to take him to small claims court.
If I was your landlord and it looked like you guys couldn't agree on things, I'd just give you both notice to terminate the agreement at the end of the lease.
So, basically, you need to get an agreement figured out between you, the roommate and the landlord. But, I think giving them both written notice with proof of delivery now, is the smart thing to do. Gives everyone plenty of time to figure things out.
If I was you, I'd go ahead and give written notice to both the roommate and the landlord that you intend to move out at the end of the lease.
If I was your landlord, I'd write up a document that the roommate who is staying agrees to find a replacement roommate by the end of the lease who I approve, or it will be considered terminated.
If the roommate stays, I'd write up an agreement that any refund for deposit to you must be worked out between you and the roommate, but that I will keep the original deposit until the roommate does finally move out, and that the roommate who is staying agrees to be responsible for any damage that might have been done by you, if he stays. I'd get everyone to sign it.
If your roommate doesn't refund you any of your security deposit, you'll have to take him to small claims court.
If I was your landlord and it looked like you guys couldn't agree on things, I'd just give you both notice to terminate the agreement at the end of the lease.
So, basically, you need to get an agreement figured out between you, the roommate and the landlord. But, I think giving them both written notice with proof of delivery now, is the smart thing to do. Gives everyone plenty of time to figure things out.
Thanks 'NomoreSnowfor me'. Basically we just paid 75$ non refundable deposit and that's a sunk cost for me, so I really don't care. Let me put it this way and pls correct me if I am wrong
I go and give a clear and plane notice to the apartment before 60 days I am moving out at the end of lease (and get an acknowledgement too), period.
I don't care if they work out or my roomie works out a new deal with them. I just don't want to deal with him.
But Can they again put my name on the renewed lease (either month to month or whatever duration my rommie wants) inspite of the fact that I had notified them that I am moving out, considering the fact that my roomie is a joint lease holder. Does his consent overrides my non-consent
Yes they can for month to month if your lease automatically converts already. Until you all sign you off the lease you will remain a party to it so when it ends and goes month to month you are still financially responsible for it. Your options are what NMSFM posted, I didn't read all of it but what I did read was solid.
I'd give them written notice now. No need to wait.
But, it's my opinion that they could not keep your name on a new lease, or on a continued month to month agreement, after the lease terminated, because they had plenty notice from you that you did not intend to continue it.
I don't believe there would be a judge that would agree that they could do that. Especially when you gave them 5 months notice.
Thanks a lot everyone for your feedback.
Now I am more confused. I do want to believe NMSFM. But in a way AZ is also correct.
This is what my lease says :"This Lease contract will automatically renew month to month unless either party gives atleast 60 days written notice of termination or intent to move out"
What I interpret to the strictest legal definition as per my limited knowledge is that the Lessee party is represented 'Jointly by me and roommate'. So the notice by Lessee party means a notice from both me AND my roommate and not OR. Since the notice will only be from one of us, they will consider it as no notice and the month to month clause will get activated. Looks like I am on the hook for ever and left to the mercy of my roommate. I am really worried.
I hope my roommate will do some cost benefit analysis for himself as taking a month to month high rental lease is something even he won't like. I am pretty sure it will work the other way around also and he won't have any option to go for any long term lease without my approval.
Just one last question to all you folks. This lease started as single on my name, but then he was added. I just talked to the apartment guys and he filled out the form it was done. Do I have a case that how did he got added to the lease without my permission. Can i argue that since there was no explicit permission from me, adding him to the lease was not right and i still own the lease on a single basis and have a right to then move out at end of lease.
You're forgetting that the law and judges are sane and reasonable. They're not going to let a roommate or landlord hold you hostage for eternity.
The law is common sense and reasonable. The word "reasonable" is what is used when discussing legal arguments. Would it be reasonable for a roommate or landlord to be able to demand half the rent for the next 20 years even if you moved out and gave him 5 months notice that you intended to do so? After otherwise fulfilling the initial one-year lease?
Does that sound reasonable and fair to you? No. So, no, no judge is going to say that's fair and reasonable, so they won't enforce any kind of agreement like that.
Just one last question to all you folks. This lease started as single on my name, but then he was added. I just talked to the apartment guys and he filled out the form it was done. Do I have a case that how did he got added to the lease without my permission. Can i argue that since there was no explicit permission from me, adding him to the lease was not right and i still own the lease on a single basis and have a right to then move out at end of lease.
Do you have a copy of the original lease with only your name and signature?
Did you sign any addendum or new/revised lease changing the original lease to one including your roommate?
Did you sign anything after the lease was originally signed regarding your lease and/or occupancy?
Thanks a lot NMSFM. Yes in most cases you are right. Judges are reasonable and fair. It's just like the hassles, time and money involved sometimes is not worth what we are going after. I assume these things can be settled in small claims court, but I still hope that everything will be resolved amicably
To Rabrrita questions:
1.) Yes, I have the original lease and I am the only one as the lease holder. But my roomie is listed as an 'occupant'
2.)No I did not sign anything. It was all verbal followed by him applying and getting added to lease
3.)No, after my original lease with me as lease holder and roomie as occupant, I haven't signed anything
To Rabrrita questions:
1.) Yes, I have the original lease and I am the only one as the lease holder. But my roomie is listed as an 'occupant'
2.)No I did not sign anything. It was all verbal followed by him applying and getting added to lease
3.)No, after my original lease with me as lease holder and roomie as occupant, I haven't signed anything
So, the original lease did include your roommate on it but just as an occupant? (if yes, what state are you in)
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and left to the mercy of my roommate. I am really worried. 
