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Hello everyone. I did a search and couldn't find the exact answer to my issue:
So I have a joint lease agreement with two other people. The lease was for a year, never signed a new one thus it went to a month to month lease per my contract. I decided to move in with my girlfriend starting October 1st. When I informed my landlord, he told me I must first get my roommates to agree to take me off the lease. I was surprised I needed their permission for a lease that is month to month but I digress. I informed him and my roommates in mid July (lease only requires 60 days). He wanted both my roommates to email him, letting him know they agreed to take me off the lease, which they both did luckily. They are staying another month so their move out date is October 31st.
Today I get the new contract in the mail. Its addressed to both my roommates with fields for only two signatures and a notice on how to vacate and when (October 31st). Now I have already informed my landlord I'm moving out a month early and vacating my deposit (the person that lived here previous did not ask for their deposit back so the landlord let me "roll over" that amount).
My question now is, am I off the lease? There is no section for me to sign and it was only addressed to them. I do think they may have to sign first in order for me to be off the lease, but nowhere does it state I'm responsible anymore. I fully plan to pay everything until my move out date, but I'm honestly tired of having discussions about this with my landlord and roommates. I want to urge them to sign the contract as I want to sign a new lease; however, I dont want to be on two leases at once.
If you terminated your old lease with them in accordance with the old lease, then you should be done with it whether they decide to sign a new lease with that landlord or not. As long as you have written proof (including email) that you notified and the landlord accepted, he can't go after you in court over anything else (or at least he won't win when you hand the judge the written proof).
I'm surprised you received a copy of that new lease at all since it has nothing to do with you unless the landlord thought that was a way of showing you that you aren't on the lease anymore.
No. You will not be off the lease until such time as the other two sign this new lease. Until they sign the new lease, the old lease is renewing month-to-month and you're still liable under that lease. Once they sign and it becomes effective, that's when you're in the clear.
Your post is unclear as to the dates and terms. I presume that the lease you signed expired sometime in the past and you have been month to month since the expiration. You are vacating Oct 1 2018 and expressed your intent (do it in writing if not yet done). Unless there is language otherwise in your lease, or in your state law, your lease does not automatically renew or become something other than month-to-month, and you can leave without any further notice and your obligation to pay rent will end.
A lease is a contract. All the signatories are obligated to perform as per the contract. I would not sign anything else except a confirmation of your intent to leave.
Your post is unclear as to the dates and terms. I presume that the lease you signed expired sometime in the past and you have been month to month since the expiration. You are vacating Oct 1 2018 and expressed your intent (do it in writing if not yet done). Unless there is language otherwise in your lease, or in your state law, your lease does not automatically renew or become something other than month-to-month, and you can leave without any further notice and your obligation to pay rent will end.
A lease is a contract. All the signatories are obligated to perform as per the contract. I would not sign anything else except a confirmation of your intent to leave.
Hi thank you. Yes you are correct in your assumption about my lease. I live in Raleigh, nc for reference. I have expressed in my email to my landlord I intend to leave on October 1st and I was forfeiting my deposit. The letter I received in the mail from my landlord was only addressed to my other two roommates who intend to move out a month later, as also stated in the letter. I have to bring the checks to my landlord by the 5th for rent this past month so I will urge my roommates to sign the document so I can hand deliver it with the checks to his office.
Here is what you must understand; when you sign a contact with others, you no loner are individuals but a single entity. So everything you do related to that contract, it;s fulfillment or termination, must be done as a single entity. Until such time as that entity to the contract ends, you will be on the hook. So, when your contract went month to month, you will remain liable as long as that contract is active until such some as every party to that contract formally ends it. No single person can end anything related to the contract without all other parties agreeing. In your case you have an agreement in the works but until it becomes legally executed, you're still on the hook for the old contact regardless what you think.
When the original contract ended, it should have ended with everyone terminating that contract, all residents and the landlord. If the others wanted to remain they would still terminate the old contract and entered into a new contract as a new entity. But it sounds like you are continuing the contract under a month to month provision. This simply states that the original contract will renew each month for an additional month unless otherwise properly and legally terminated by the parties. So, as a signer of the old contract, each and every month you become liable for another month. As stated above, you as a single individual can not remove yourself from that contract unless the other parties to your entity agree also. This is done by a full termination of the old by all persons comprising your entity. It sounds like you have a verbal agreement to do so at some point, but until it is legally executed according to the law, you're still on the hook until such time as it properly happens.
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