California Lease Renewal - One Roommate Wants to Renew

[twins4lynn]

Originally Posted by gordonyu

The lease will continue thereafter on a month-to-month notice.

The owner said that whoever my roommate decides to get will not be on the lease as a "master tenant" but instead will be on as an occupant.

Essentially I have two problems to resolve:

1) GTFO the original lease when it ends so I am not liable for future damages -> for this it seems you guys recommend I try to get something in writing from the property manager. However, if she refuses what are my options?

2) Get security deposit. -> it seems my options are to get it from my roommate and try small claims court if it comes to that.

I wish I had asked about moving out before moving in.

Is there any way I can get my manager to simply do a walkthrough and then create a new lease with my roommate and his new roommates?

(1) For YOU, when the lease ends, it ends. You only have to notify the LL that you are not renewing and will be vacating on (whatever date). That's when your obligation ends. You don't need anything in writing from the property manager.

(2) There will be a new lease or a month to month rental agreement with the roommate and his new roommate....which is none of your business. You will no longer be a tenant in that apartment and have given proper notice. Don't worry about their lease...it doesn't involve you. You should ask the manager/LL to do a walkthrough and request that they (preferably) refund your portion of the deposit directly to you (minus any deductions) or notify your roommate of deposit money due to you which he should refund. You are not responsible for damages that occur after your lease terminates (hence the walk through).

You're making things more complicated that they should be by worrying about AFTER the lease expires and you are no longer a tenant in the apartment. When your lease expires and you are no longer a tenant...you are DONE with the place!

[gordonyu]

Originally Posted by twins4lynn

(1) For YOU, when the lease ends, it ends. You only have to notify the LL that you are not renewing and will be vacating on (whatever date). That's when your obligation ends. You don't need anything in writing from the property manager.

(2) There will be a new lease or a month to month rental agreement with the roommate and his new roommate....which is none of your business. You will no longer be a tenant in that apartment and have given proper notice. Don't worry about their lease...it doesn't involve you. You should ask the manager/LL to do a walkthrough and request that they (preferably) refund your portion of the deposit directly to you (minus any deductions) or notify your roommate of deposit money due to you which he should refund. You are not responsible for damages that occur after your lease terminates (hence the walk through).

You're making things more complicated that they should be by worrying about AFTER the lease expires and you are no longer a tenant in the apartment. When your lease expires and you are no longer a tenant...you are DONE with the place!

I spoke with the LL. We are in a rent controlled unit. Both of us are on the lease as master tenants.

According to the LL - Even though I give him notice, my obligation does not end. Technically I do not even need to give him a notice he said until everyone in the unit is ready to vacate. The original lease has a subsection which states that the lease is in full effect and carries over month to month until ALL tenants vacate the apartment.

He also said he cannot do a walkthrough of the unit until both tenants vacate the apartment to properly assess any deductions.

Also the reason, he cannot simply resign a new lease with my roommate is that it will make them appear as if they are trying to bypass the rent control.

I understand his perspective. At this point, I would like any advice I could get on how I should approach this with my roommate and if I should get him to sign anything. And if he refuses, can I "force" him to sign something?

[Corn-fused]

Originally Posted by gordonyu

I understand his perspective. At this point, I would like any advice I could get on how I should approach this with my roommate and if I should get him to sign anything. And if he refuses, can I "force" him to sign something?

Of course you can't force him to sign anything. I suggest you either get legal advice or contact the Rent Stabilization Board and see if they can assist you:
Rent Board - Contact Us - City of Berkeley, CA

Oops, I see that link is for Berkeley. If you are not in Berkeley then I suggest you google "<your city> + local housing officials" or "rent control board" and see if they have a way to contact someone there.

[twins4lynn]

Originally Posted by gordonyu

The original lease has a subsection which states that the lease is in full effect and carries over month to month until ALL tenants vacate the apartment.

He also said he cannot do a walkthrough of the unit until both tenants vacate the apartment to properly assess any deductions.

Also the reason, he cannot simply resign a new lease with my roommate is that it will make them appear as if they are trying to bypass the rent control.

You need legal advice - seek help from the rent board in your area. That subsection your LL has in the lease imo is not legal but rather an attempt to force both tenants in a rent control unit to vacate when one doesn't want to renew the lease (and wishes to vacate the apartment).

The landlord can continue tenancy with the remaining roommate either by a new lease or month to month under the same terms and conditions.

Again - talk to your rent control board.

[Sherifftruman]

You can certainly enter into a contract with your roommate regarding how they will handle returning the despot to you, if they refuse, you can then sue them in small claims.

I would try to convince the roommate to buy you out of your part of the deposit now first, if they won't budge, do a video walk through with them showing the state of the apartment when you move out and have them sign a contract stating they indemnify you from any future damages and agree to return the deposit some number of days after it is returned to you. Add in how the money is to be tendered, addresses, contact information, etc.