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Old 12-24-2013, 12:45 PM
 
2 posts, read 5,719 times
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My roommate/friend and I signed a 1 year lease last year in 2012, placed both our names on the lease, paid for rent and 1 month security depost. Lease expired in August, new lease arrived, we put it away on the shelf until further notice from the landlord. We were not ready to move nor to sign a new lease with a chance of one of us moving out. We were paying as the rent came, month to month.

Only recently, my roomate/friend said that landlord has been contacting her to verify about our lease status, I 've never been contacted but my roommate says she gets calls from landlord often. In recent months I spent more time staying with my bf than at my own apartment.

Only recently, she brought up the subject to talk to me about our lease situation, said she is looking to move out in 2 months from now. I decided to rent apartment together with my bf elsewhere, already signed a lease, move in date on Jan. 1st. I called my landlord to inform, bookeeeper said she will speak to the manager and return the call. Question: What are my options, what is the best way to get my half of the deposit back?
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Old 12-24-2013, 01:11 PM
 
Location: Riverside Ca
22,165 posts, read 25,545,741 times
Reputation: 35112
You are co-applicants/co-tenants. As far as the lease is concerned you are both one person. When you and your roommate vacate then the ll has to figure out the damages etc and then refund the remainder of the deposit. You both would have to send in a notice of lease termination. Once that happens

The manager would have to inspect the premises and then deduct any damages etc and refund the rest. If they were smart they would write a check to both parties as payees and then your roommate can sign a new lease in her name only if she decides to stay.
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Old 12-24-2013, 01:23 PM
 
26,863 posts, read 42,116,010 times
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Give legal notice and leave the place clean and return all keys.....
Quote:
Originally Posted by ykarnay View Post
My roommate/friend and I signed a 1 year lease last year in 2012, placed both our names on the lease, paid for rent and 1 month security depost. Lease expired in August, new lease arrived, we put it away on the shelf until further notice from the landlord. We were not ready to move nor to sign a new lease with a chance of one of us moving out. We were paying as the rent came, month to month.

Only recently, my roomate/friend said that landlord has been contacting her to verify about our lease status, I 've never been contacted but my roommate says she gets calls from landlord often. In recent months I spent more time staying with my bf than at my own apartment.

Only recently, she brought up the subject to talk to me about our lease situation, said she is looking to move out in 2 months from now. I decided to rent apartment together with my bf elsewhere, already signed a lease, move in date on Jan. 1st. I called my landlord to inform, bookeeeper said she will speak to the manager and return the call. Question: What are my options, what is the best way to get my half of the deposit back?
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Old 12-24-2013, 01:45 PM
 
Location: North Idaho
26,219 posts, read 34,859,092 times
Reputation: 54943
The landlord isn't giving any deposit back to anybody until the unit is vacant and the keys returned to the landlord.

If you are going and the roommate is staying, maybe the roommate will agree to buy out your share of the deposit.

If you are both going, return the unit to the landlord and he will do any cleaning and repairing necessary and return the balance of the deposit, probably with both your names on it, and you will have to slug it out with the roommate about who gets what.

The landlord is not going to make a determination about which roommate owes what and he is not going to proportion out the deposit. The two of you will have to work it out.
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Old 12-24-2013, 01:49 PM
 
2 posts, read 5,719 times
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Since we had no lease and were paying month to month without any notice to the landlord, are we still required to give 30 day notice to vacate the apartment. What is the legal matter on that? My roommate is a publishing lawyer, once she found out I am moving out within 30 days, she says to me that we MUST give 30 day notice to the landlord, so we have to stay for the month of January, I have to live off my deposit???

Last edited by ykarnay; 12-24-2013 at 02:04 PM..
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Old 12-24-2013, 03:06 PM
 
Location: SoCal
542 posts, read 1,370,828 times
Reputation: 751
Yes, you typically have to give 30 days' written notice, even on month to month. You can confirm that by reading your state's landlord tenant law and checking the wording in your lease. If you have not given the landlord 30 days' written notice yet, you should do so asap. Yes, you will be responsible for most or all of January's rent if you give notice this late.
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Old 12-24-2013, 04:03 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 63,229,592 times
Reputation: 26602
Quote:
Originally Posted by ykarnay View Post
... I have to live off my deposit???
Security deposit is not rent unless the LL agrees to that. A security deposit covers any cleaning/damage expenses once you've vacated the unit and in most states (you can check yours via the first "sticky" on this page) the LL legally has 30 days to return it.
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Old 12-24-2013, 08:03 PM
 
Location: Riverside Ca
22,165 posts, read 25,545,741 times
Reputation: 35112
Quote:
Originally Posted by ykarnay View Post
Since we had no lease and were paying month to month without any notice to the landlord, are we still required to give 30 day notice to vacate the apartment. What is the legal matter on that? My roommate is a publishing lawyer, once she found out I am moving out within 30 days, she says to me that we MUST give 30 day notice to the landlord, so we have to stay for the month of January, I have to live off my deposit???

You have a lease. It's just a month to month not a yearly lease. All the rules of the yearly lease still apply its just a month to month term. You still have to give 30 day notice
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Old 12-24-2013, 08:20 PM
 
Location: Silicon Valley
18,702 posts, read 26,711,768 times
Reputation: 37698
Agree with everybody. You have to give 30 days notice. You and your roommate are considered one tenant unless your lease said something different. You are under the same terms as your lease, but are now on a month-to-month agreement instead of a year agreement. Read your lease for termination agreement. Are you both on the lease? Did you pay deposits separately?

Either way, I don't know what you mean about living on your deposit. You have to give 30 days notice at least (your lease may say something different), then you move out and wait for the LL to inspect after the place is vacated, and for the LL to send the deposit refund within the time allowed by your state laws. In CA that's 21 days, other states can be less time, some longer.

Read your lease, find your state laws. Google "your state" "tenant rights" "roommates" That should get you some info.

Good luck.
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Old 12-24-2013, 09:17 PM
 
10,015 posts, read 8,801,137 times
Reputation: 9071
Quote:
Originally Posted by ykarnay View Post
My roommate/friend and I signed a 1 year lease last year in 2012, placed both our names on the lease, paid for rent and 1 month security depost. Lease expired in August, new lease arrived, we put it away on the shelf until further notice from the landlord. We were not ready to move nor to sign a new lease with a chance of one of us moving out. We were paying as the rent came, month to month.

Only recently, my roomate/friend said that landlord has been contacting her to verify about our lease status, I 've never been contacted but my roommate says she gets calls from landlord often. In recent months I spent more time staying with my bf than at my own apartment.

Only recently, she brought up the subject to talk to me about our lease situation, said she is looking to move out in 2 months from now. I decided to rent apartment together with my bf elsewhere, already signed a lease, move in date on Jan. 1st. I called my landlord to inform, bookeeeper said she will speak to the manager and return the call. Question: What are my options, what is the best way to get my half of the deposit back?
Quote:
Originally Posted by oregonwoodsmoke View Post
The landlord isn't giving any deposit back to anybody until the unit is vacant and the keys returned to the landlord.

If you are going and the roommate is staying, maybe the roommate will agree to buy out your share of the deposit.

If you are both going, return the unit to the landlord and he will do any cleaning and repairing necessary and return the balance of the deposit, probably with both your names on it, and you will have to slug it out with the roommate about who gets what.

The landlord is not going to make a determination about which roommate owes what and he is not going to proportion out the deposit. The two of you will have to work it out.
Exactly.

The problem that I've seen happen when one tenant moves out early and the others stay on the lease until it expires is that damage *can* happen by the remaining tenants. The tenant who moved out doesn't feel responsible, rightfully so, to have to pay that portion of the deduction from security, and more so, never feels responsible for the cleaning fee when the remaining tenants leave the apartment a mess. Although nobody attempted to clean the shower/kitchen floor/fridge from the date they moved in.

So my advice to you, OP, is to "walk through" the apartment with your roommate and take pictures of everything as it is upon your move out date. Have your roommate sign something you type up stating the condition of the apt upon your move out and that she is good with it.

If you can get your LL to walk through and inspect the apt on your move out day, do so - for damage purposes & a point of reference.
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