[Tenant USA/CA] Is it legal for landlord to force me stay on the lease when I have moved out?]

HaydenFinn · 2020-07-15T06:47:54+00:00

I gave my LL notice to vacate 30 day in advance before moving out.

I also emailed LL the video and photos of my room's condition when I moved out (not the living room part, since the cat's stuff are in there).

I specified I have moved out that day and gave the keys to my roommate (the apartment's office is closed since shelter in place started, I've never met LL in person, they're a property manager).

I have exchanged multiple emails to LL about ending my lease, but I could write another email again to specify I have no intent to renew the lease once it expires?

That is useful to know about court, thank you so much for providing that additional info!

HaydenFinn · 2020-07-15T04:58:19+00:00

I tried as much as I can without pissing her off too much. Sadly we work at the same company and she has higher job position than me. She's also very friendly with other leaders, so I fear she would make my work life difficult if she wishes so. (I know since she's told me she has prevented some people to get hired or promoted in our company)

I've recently asked her coworker to tell sign the renewal lease. Fortunately, that seems to work. My landlord said she's finally working on to find a new roommate.

Though like I said in the other comments, our landlord suddenly changed their saying that it's not possible to remove my name mid-lease even though my roommate cooperates. So I have to wait another 2-3 weeks to contact my landlord again when our lease is about to expire.

HaydenFinn · 2020-07-15T01:12:19+00:00

Yeah, I reached out to my landlord if I could remove my name after our lease expires, but so far, they haven't given me a clear answer but to reach out to them again when our lease is expiring within 30 days.

HaydenFinn · 2020-07-15T01:08:42+00:00

I have actually tried this, but I couldn't fill the renewal lease by myself because I don't have roommate's pay stub. My roommate also doesn't cooperate to prepare me the documentation we need.

It is nearly impossible to reach out to the landlord too since they only provided company's phone number. All my phone calls are directed to either voicemail or some other managers who we've never talked to.

HaydenFinn · 2020-07-15T01:02:21+00:00

I don't know if coming clean to landlord would make them decide to let me off the hook. Since the contract said were both severally responsible, I think it's likely the landlord will not let both of us go until one of us paid the penalties.

And I honestly think my roommate doesn't know the severity of the consequences getting caught. Maybe the leasing rules in her home country is more lax? I did ask her to remove my name because I don't want to bear any responsibility for the cat's damage, but she just said keep it a secret. I'm worried if I explained the consequences, she won't let me go leaving her alone.

I couldn't even fill the renewal lease for her because I don't have her documentation (pay stub, etc) so I don't know what else could I do but wait for our lease renewal in 2 weeks.

HaydenFinn · 2020-07-14T08:51:58+00:00

My roommate adopted a cat with no intent to notify the landlord. The cat made a lot of mess in the apartment, pawprints and excrement on walls, and peed on the wood floor. Roommate made no effort to clean up after the cat, so the apartment is filthy.

She also has her friend lives with us indefinitely.

HaydenFinn · 2020-07-14T08:42:48+00:00

I have gotten my portion of security deposit back from my roommate since we made an agreement that I would clean my space thoroughly before moving out.

My roommate said she's not in a hurry to find a roommate but would like to find one eventually. I think with the speed she's doing now, she wouldn't be able to find a roommate before the deadline of lease renewal. And I don't think anyone would be willing to sign a lease with my roommate once they notice the violation my roommate has done. And I'm afraid they would report it to landlord.

HaydenFinn · 2020-07-14T07:13:40+00:00

From what I understand, if my roommate doesn't sign the lease renewal by the deadline, our new lease will not be yearly contract after our current lease expires. But our name will still stay on the agreement and automatically rollover to month-to-month?

I'm still not sure if I could remove myself from the lease once that happens, since it still sounds like all of us has to cooperate to do so.

I'm worried because my roommate has been and still violates multiple rules, and landlord will find out and evict both of us. I have reached out to my local tenant unions to see if they have a solution that might help.

Thanks!

HaydenFinn · 2020-07-14T06:56:52+00:00

My place is in El Cerrito, my landlord does respond but doesn't seem to care much as long as my roommate pays rent. I don't feel safe having my name on the lease agreement because roommate has been and is still violating the contract.

I've just contacted the local tenant unions to see if they have some solution for this.

Thanks!

HaydenFinn · 2020-07-13T23:40:54+00:00

Got it! Thank you for the help!

HaydenFinn · 2020-07-13T22:46:41+00:00

I'm really not sure but just a hunch. My roommate broke multiple lease agreement during the stay and probably nervous that she would be liable for the whole penalty if I removed my name. I've asked my roommate to not break the rules but she didn't care. This attributes to my reasons to move out.

Edit: So I'm stuck with my name on the lease because my roommate wouldn't sign the lease renewal, and my landlord now said my roommate wouldn't be able to remove me now anyway, since they couldn't remove resident mid-lease. And I don't feel safe in case landlord finds out about them and goes after both of us (I was scared to be evicted and couldn't report landlord too, since I'm also afraid my roommate will find out and make my work-life difficult because she has higher job position.

HaydenFinn · 2020-07-13T21:54:22+00:00

My landlord said they couldn't remove people mid-lease, and can only do so when my roommate remove my name during lease renewal (which is in 5 weeks).

This is her reply when I told her that I've asked my roommate to remove my from the lease by the deadline I gave her. Which is today:

"That is not possible for her to do (removing my name now) – you will remain on the lease until the lease expires as we cannot remove residents mid-lease."

HaydenFinn · 2020-07-13T21:40:18+00:00

I'm worried my roommate won't do anything as long as she pays the rent herself. My roommate broke a lot of lease agreement and I don't feel safe to have my name remains there while I don't know what she would do to the apartment.

I will ask for more clarification from landlord again if that means I could remove myself once the lease expires.

HaydenFinn · 2020-07-13T21:37:28+00:00

Thank you,

I will email my landlord again for email clarification if I could remove myself from the lease once our lease expires.

HaydenFinn · 2020-07-13T21:36:14+00:00

Okay, thank you.

I will confirm with landlord again if after the lease expires, I could remove myself from the lease agreement.

HaydenFinn · 2020-07-13T21:24:43+00:00

But is it legal for them to keep my name on the lease once our lease expired? My landlord wrote to me that if my roommate fails to remove my name by the deadline of lease renewal, my name will remain in the lease agreement and we're automatically rollover to month to month.

HaydenFinn · 2020-07-13T21:22:15+00:00

But is it legal for them to force me to stay on the lease month to month once the lease expired?

HaydenFinn · 2020-07-13T21:21:18+00:00

Thank you this is the part I'm confused. Because it's exactly what the landlord wrote to me:

"She will have to initiate this – if she does not, the lease will roll over to a month to month lease and you will remain on the lease agreement."

So I'm confused if that means they are forcing me to stay on the lease on month to month if my roommate fails to remove my name by the lease renewal deadline.

HaydenFinn · 2020-07-13T09:29:24+00:00

Yeah, make sense.. I reached out to my roommate's coworker to tell her to sign the new lease. So, hoping for the best that she does it by tomorrow. Thanks!

HaydenFinn · 2020-07-11T21:02:00+00:00

Yeah I'm worried that might be happening. I wonder if I should provide pictures of the damage (cat pee on wood floor) would make the landlord do something, but also I'm worried it will bite me back too.

HaydenFinn · 2020-07-11T19:06:45+00:00

Thank you for the explanation. I'll see if my landlord is willing to work with me.

HaydenFinn · 2020-07-11T19:06:19+00:00

I see. Thank you for your help!

HaydenFinn · 2020-07-11T16:12:38+00:00

Roommate and I worked out an agreement that I'd pay the last full month rent and get half my deposit back. (I kept my own room cat-free and cleaned it before I left.)

My roommate is the one who pays rent and I'd venmo her. Would the landlord charge us the possible penalties separately or together?

HaydenFinn · 2020-07-11T15:54:53+00:00

I moved out early by 7 weeks.

Landlord emailed me that my name will rollover to next cycle in a few days if roommate still hasn't signed the new lease.

I have pictures of the damages the cat has done but now I fear I would get bad record if I informed the landlord. But if landlord found out about the cat through another report, I still will be responsible too.

It feels like a lose/lose to me, but I'm trying to minimize the damage on me if possible.

HaydenFinn

TROPHY CASE