Need Help! Security Deposit for Lease Ending and Roommate Refuses To Leave (CA)

[1ondoner]

He has to leave when the lease is over. Just because the roommate doesn't want to leave does not mean he has to stick around. If the LL is sensible he'll sue the holdover, the OP has no leverage over the roommate so he's at the mercy of the LL and not the roommate.

I have properties and I insist on every adult being in the lease so that when one party goes bonkers the others are on the hook and therefore I have leverage over the deviant tenant because the other parties might be able to appeal to the holdout better than the LL. In this case the OP and the LL are out of luck.

And yes, I've had this happen when a couple broke up and one of them wanted to break the lease and in another case one wanted to stay and the other wanted to leave. In both cases, my tenants resolved their issues without any spill over to me

Originally Posted by Lz_2022

Do you understand that the OP cannot just leave the LL to deal with it and that they are tied to the existing lease?

[Lz_2022]

Originally Posted by 1ondoner

He has to leave when the lease is over. Just because the roommate doesn't want to leave does not mean he has to stick around. If the LL is sensible he'll sue the holdover, the OP has no leverage over the roommate so he's at the mercy of the LL and not the roommate.

I have properties and I insist on every adult being in the lease so that when one party goes bonkers the others are on the hook and therefore I have leverage over the deviant tenant because the other parties might be able to appeal to the holdout better than the LL. In this case the OP and the LL are out of luck.

And yes, I've had this happen when a couple broke up and one of them wanted to break the lease and in another case one wanted to stay and the other wanted to leave. In both cases, my tenants resolved their issues without any spill over to me

It’s like trying to juggle water with you.

[Kim in FL]

Originally Posted by 1ondoner

People with poor credit scores don't care about court judgement and they probably have a few. The best thing for OP is to cut their losses and leave out the LL to deal with tenant. No need to burst a vein wrestling a pig in the mud.

FYI, you should only sue people with money and not deadbeats.

Since the OP is on the lease, they will also be named in the eviction, that the landlord is going to be forced to file, if their roommate does not leave when the lease expires.

As for the security deposit, that will be returned when the unit is empty and most likely be issued to both parties or whomever issued the check.

I doubt the OP or the roommate really want to have a judgment or eviction on their record. That’s gonna make life a living hell.

[anononcty]

Pitfalls of roomates and I've seen some of those relationships end worse than a divorce. That being said sounds like since the OP is on the lease and LL said they don't want roomate there they are stuck or will lose the deposit.

Even if an extension is granted to the remaining roomate sounds right until they exit the deposit held up and that's if they are lucky. What if the roomate leaves damage. If such an extension is granted and deposit is held up I'd try to get the roomate to accept their help packing/leaving so they can clean, repair etc to get deposit back.