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I'm in a bit of a predicament and would welcome any advice that is given.
My ex-girlfriend and I moved in together 3 years ago. She had horrible credit and could not sign the lease, so the lease is entirely in my name. Fast forward 3 years... we just broken up, the third year long lease expired last month, and I just gave my 30 days notice to vacate to the landlord.
My question is: Since she does not want to leave the apartment, and the apartment is on a month to month term, can I simply pack up all of my things and leave, and just deal with the cost the removal/clean up of the apartment? Or will I be on the hook for the additional rent because she refuses to vacate even though she is not on the lease? I don't mind walking away from all of the appliances and furniture in the house, I just don't want to be on the hook for the additional $3000/month rent if she refuses to leave. Also, she has the electricity, gas and cable bills in her name.
P.S. How much do you think it'll cost to remove and clean up a 750 sq ft apartment in San Francisco? Under $5000?
You will be responsible. What can happen is they start the eviction process against you and you will have that on your credit/background. Get her out OR get them to sign a termination/lease takeover so you are off and she is on.
Also, if she isn't on the lease then you are technically her landlord and can begin the eviction process. I'd give her the required notice of non-renewal for CA month to month tenancies. She has a ton of rights that she can hold you to, welcome to CA.
Also, if she continues to stay, do I have a case to sue for the $3000/month rent that I'm responsible for? She doesn't work, and I've been paying rent for the past 2 months. $3000/month drains the bank account fairly quick.
Just to clarify, the apartment is in Daly City which is part of San Mateo county. I am willing to leave everything behind, and pay whatever bill the apartment send me for trash(furniture) removal, and clean up of the apartment. The relationship has been so emotionally draining, and with the high month-to-month rent, I rather just call it a loss and start from new.
So since the lease is up, and I've given the leasing office my 30-day notice to vacate, I should technically be able to walk away, right? Can she then be treated as a squatter after I have left?
If this course of action doesn't work, then what can I do to get out and leave? I want to start over by myself in Portland, OR.
So since the lease is up, and I've given the leasing office my 30-day notice to vacate,
I should technically be able to walk away, right?
Nope. Your name is on the lease.
Quote:
Can she then be treated as a squatter after I have left?
She can be treated as a tenant guest holding over (what she is).
If she can't or won't pay rent then she advances YOU to the eviction circus.
That won't end well for you.
The deep question in all this is her ability to pay the rent/utilities
and whether the landlord will accept her as tenant; M2M or not.
Which is true of anywhere else she might move to as well.
Quote:
...what can I do to get out and leave?
Pay her off. Or somehow square it with the landlord.
I would be upfront with the landlord and see what they say. If they know from the beginning that you are on their side, want her gone, and worked with them as soon as possible, they may handle things VERY differently then if they find someone still there after you are long gone.
I think it is just an issue of 'sorry, I'm leaving so you need to leave or get on your own lease with the landlord, those are the two options'. Then she has to be an adult and see she doesn't get her way just because she wants to, she lives in a world with other people and rules.
This is one reason landlords should have all tenants on the lease. If you qualified on your own, her also being on the lease doesn't make them less likely to get paid. It also means that if you had flaked on them, they would have two people to go after for money, not just one.
She should've been on the lease, even if she couldn't contribute or had bad credit. Who cares?! I don't financially contribute to our rent but I'm still on lease. Heck, OUR CATS are on the lease! Why was your ex not put on? Your mistake from the start.
Just kick her out before you leave because since she was never put on the lease, ITS YOUR A$$ IF THE manager finds out
Sorry, OP, but your rental agreement is not over until possession of the apartment is handed back to the landlord. If you walk away and leave the apartment occupied, you have not returned possession to the landlord.
You have two viable options. Get her to move out. Get the landlord to agree to terminate your agreement and sign a brand new rental agreement with her, which is unlikely to happen since she has no income and, right now, he's got you on the hook for the rent until the apartment is vacant.
As for leaving your stuff, if you can get her out and no one is living there, first, call a thrift store and have them come and take whatever they will take. Then, hand in the keys and give the landlord a signed statement that you are out and everything left in the apartment is abandoned and ownership is turned over to them.
Additional note: if you leave all your stuff, the landlord can't really move it or clean up because you could claim you weren't all moved out and were coming back for your stuff. So, you have to give the written notice that you are finished, possession is returned, and you don't want anything that is left. That way, the landlord can legally throw the stuff away.
Sorry, a note that you don't want the girlfriend anymore and she is abandoned property won't work.
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