California Expired Lease with Cotenant Question (eviction, rental, security deposit, liable)

[aslan74426]

I know no one wants to hear a rental sob-story/question, so I'll just get the facts out of the way and then ask my questions.

The rental is in Los Angeles County, California.
It's a 1 year lease with 3 cotenants (myself included) that is about to expire in a few months.
Once the lease expires, it will roll over to a month-to-month rental.

Two of the three cotenants want to leave once the lease has expired.
The 3rd cotentant may or may not try to stay (however it is doubtful the 3rd cotenant could afford the full amount of the rent).

Now on to my question:

If the 2nd cotenant and I move out at the end of the year lease, are we liable if the 3rd cotenant decides to stay but fails to pay the rent? I'm aware that joint and several liability laws consider all three of us as a single entity, but does this continue once the lease has expired?

*I should note that I don't care about the security deposit at this point, I just want to make sure I'm not liable should the 3rd cotenant decide to stay.

Thank you in advance

[LifeIsGood01]

I would think so if you don't get the lease situation taken care of. You have to have your name and the second one's name off the lease and if the 3rd person wants to stay they have to sign a new lease with the LL, but don't just leave and assume. You can't just leave after a year because it will turn month to month and still be a valid lease.

[NoMoreSnowForMe]

This is a really good question.

I think you need to get the tenant who wants to stay - to get a new lease without your names on it. Or at minimum, to put in writing that he/she is fully liable for rent after you two move out, and get them to sign it.

What can happen, though, is if you two move out, and the other guy stays, then the month-to-month agreement will assume you are still tenants. You will still be liable.

If the other guy doesn't pay the rent, you all will be listed on the eviction documents.

So, even if other guy gets sued for nonpayment of rent, and you later take him to court, and sue him to reimburse you for money the landlord comes after you for - you will still be on an eviction report that says an unlawful detainer was filed with your name on it.

And the landlord can come after you for the rent other guy didn't pay, which you'll have to pay unless you want a judgment. Then, you sue other guy for the rent you had to pay, and try to collect from other guy.

Yep, convoluted mess. Potential disaster.

Your best bet is to convince other guy to sign a new lease with the landlord that does not have your names on it. If he balks, it might be worth it to tell him he can keep your part of the deposit money if he agrees to do so.

The thing is, you probably also won't be able to get any of your deposit money back, either, until he vacates. So, you might as well use it as a bargaining tool. Unless you think you can convince him to vacate at the same time you do.