Landlord forcing us to stay (fit in, real estate, apartments) - California (CA) - City-Data Forum

Crochoa13 · 02-04-2019, 05:48 PM

Hello, we currently live with 3 other people. Our lease is up and majority of us would like to leave. When we tried to give our 30 day notice the landlord told us that it could not be accepted because other people on the lease plan on staying and we would need to pay the rent as long as they stay. It doesn't seem legal to me because the other tenants could stay as long as they want and we would be stuck. I was under the impression that if we left the remaining tenants would need to discuss a new lease and handle that with the landlord. Any help would be appreciated

BB_210 · 02-04-2019, 05:56 PM

Quote:

Originally Posted by Crochoa13

Hello, we currently live with 3 other people. Our lease is up and majority of us would like to leave. When we tried to give our 30 day notice the landlord told us that it could not be accepted because other people on the lease plan on staying and we would need to pay the rent as long as they stay. It doesn't seem legal to me because the other tenants could stay as long as they want and we would be stuck. I was under the impression that if we left the remaining tenants would need to discuss a new lease and handle that with the landlord. Any help would be appreciated

What does your lease agreement say? Is it between you or the group and the land lord? Tell him to kick rocks.

Parnassia · 02-04-2019, 05:58 PM

Don't quite understand. If you all signed the lease and it's still in effect (is it or isn't it?), the LL isn't forcing you to stay, but they are requiring you to keep paying rent until it actually expires. Most annual leases don't auto-renew after the first year. Typically they switch to a month to month arrangement. If your's is different you should already have known that when you signed it.

If you want to leave while a lease that you have signed is in effect you are expected to find new tenants that would take over your part of the rent. If you decide to leave before the lease ends, you can, but you'll lose your deposits and owe rent for the remainder of the lease period.

Rule and law varies by state. You might get some help if you post this in the Real Estate forum under Renting. Be prepared to explain the terms of the lease YOU signed and when it expires.

Crochoa13 · 02-04-2019, 05:58 PM

The lease agreement just stated we were responsible during the 12 month lease. He's trying to change it now and is I feel trying to bully us by saying if they don't leave we'll all get the eviction even if the rest of us are gone

Crochoa13 · 02-04-2019, 06:00 PM

Ok I will thanks

NoMoreSnowForMe · 02-05-2019, 08:40 PM

I'm going to assume that a bunch of you signed a lease as a group of roommates. It probably says that you are all jointly and severally liable for the rent. This means that each of you can be sued for the rent or any damages. So, even if you paid your portion of the rent, the landlord could actually choose to just sue you for the money owed or for any damages. Or, he could sue one of the other roommates, or all of you.

So, what happens is, when the rental agreement becomes a month-to-month agreement, after the lease is up, all of you continue to be responsible for the original contract/lease. When a lease goes month-to-month, all of the terms stay the same, except now the tenants can give a 30 day notice to terminate it - and the landlord can give a 60 day notice to terminate it (after 12 months, landlords must give 60 days notice to move).

Unfortunately, you all have to terminate the lease together, or it doesn't end.

What I'd do, is write the landlord a letter requesting that the landlord terminate the contract, and write a new one with the tenants who want to stay. Put it in writing. Mention in it, that if he refuses to do so, you intend to hire an attorney.

You should also figure out what you're going to do about the security deposit. You guys will have to write up an agreement about that.

When I had a situation like this, when I was managing apartments in CA, I would get the roommates to agree in writing that the roommates who were staying had bought out the security deposit portion from the departing tenants, and when that tenant left, any remaining deposit returned by me would just go to the roommate who was staying on the new contract.

So, the landlord is technically correct, but I don't see any benefit in not working with all of you. It's not his job to get you guys to agree with each other. But, if you can come to an agreement regarding the security deposit and the remaining tenants signing a new lease, I don't see why he won't let you guys do that. But, if he doesn't, I'd hire a lawyer and split the cost between the roommates who want out. And do it immediately, because the lawyer might be able to get him to go ahead and honor the 30 day notice you gave the landlord.

If you didn't give the 30 day notice in writing, you should do that immediately, in my opinion. Email is fine.

onlymike · 02-06-2019, 04:56 PM

If your lease is up it becomes a month to month rental agreement and you are free to leave.

marcopolo666 · 02-06-2019, 08:35 PM

Quote:

Originally Posted by onlymike

If your lease is up it becomes a month to month rental agreement and you are free to leave.

You should read the entire thread.

The issue is some want to leave and some want to stay, and the landlord isn't being amenable.

oldtrader · 02-07-2019, 04:02 PM

If the lease period is up, you are no longer part of the lease if you leave.

Landlord is trying something he has no control of.

BRinSM · 02-07-2019, 05:20 PM

It sounds to me that when the lease is up it's on the roomies who want to stay to find replacements. It's likely you all agreed to pay a combined amount per month. If the other roomies want to stay but can't afford the rent without your share, that's on them, not you.