Lease Expired But Roommate Stayed On Month-To-Month, And Didn't Pay Rent

[Mrs.Pearn]

This is very complicated. I live in two bedroom with two bath apartment in Virginia. My roommate was my best friend and I needed to save some money to live on my own in the future. That's why I desired to move in with him.

Before, I moved in the apt. He lived with his partner and a friend, which three of their names were on lease. Rent was devinded by three. I moved in as a substitution of one of them since october 2004. Rent was included cable and internet, we devinded rent by three and I paid 1/3 of rent. I also gave $380.00 deposit which was 1/3 of total deposit to the friend that resigned.

My name has been on lease since. A year after, my roommate broke up with his partner and his partner moved out. We took his partner's name off the lease . Since october 2005, the lease remained on both of us name. We have been on 12 month lease since day one until October 2007.

When year 2007 lease was about to end, I desired not to continue leasing this apartment with him anymore because of my asthma and cat allergy. He has 4 cats but I have mentioned my leaving to him since we signed for 2007 lease. I've also been verbally mentioning not to continue 2008 many many time during the year which all friends and co-workers noticible. He always says it's no problem.

He wanted to keep the apt for hisself and desired not to have any replacement which I had no problem with that so I've informed my landlord and I was advised that in the order to have my name off the lease, he is required to apply to live on his own and he has to get an application approved from the apt. Unfortunately, he got denied. My roommate doesn't have place to go, nowhere accepts his application because of the bad rental credit and it's hard to find a roommate who wants to live with 4 cats.

We automatically rolled into a month to month lease until this solved. My roommate promised he will responsible for the full rent so I moved out of the apt by the end of October. The second week of November I got the letter from The court on failure to pay after proper notice given. It's obvious that he counldn't afford living by his own. He doesn't seem to worry and last talk we had was on December 18, he still never looked for a new place or a replacement.

Can I legally force him to sign a thirty day notice and move out? or How do I take my name off the lease? I don't want my credit to mess up because of his stubborn.

[Mr. Knowitall]

Did you bury the name of your state somewhere in there? Given how complicated you know the scenario to be, I would be a bit surprised if you didn't follow the instruction to identify the state, as nobody can look up your state's laws if you fail to do so.

When you say "We automatically rolled into a month to month lease until this solved", you mean you agreed to remain named as a month-to-month tenant? If so, you agreed to be on the hook for the rent.

[Mrs.Pearn]

Thank you very much for your reply. Yes, I have mentioned that I live in a 2 bedroom with 2 bath apartment in Virginia. Well, I didn't know that I could disagree with that month to month lease since we didn't give the apartment 30 day notice. I thought I would give my roommate a little more time to look for a new place or apply this apartment on his own. I now realize that I should have not thought about my roommate more than myself. However, Is there any advise you could me to solve this matter? Thank you in advance.

[Mr. Knowitall]

It may be in your best interest to terminate the tenancy (or your part in it) by official notice to the landlord, then paying rent through the end of January (which, if notice is given tomorrow and rent is due on the first, should be the end of your month-to-month tenancy.) Then sue your ex-roommate (who, unfortunately, probably won't pay the judgment) for the rents he owes you.

[Mrs.Pearn]

I have an official 30 day notice in hand but my concern is both our name is on that month-to-month tenancy. will my notice to the landlord be accepted since there is only my signature? or Is there legally way to get my roommate sign if it needed? Thank You

[Mr. Knowitall]

You would be terminating your tenancy. If the landlord wishes to continue a tenancy with just your ex-roommate, that's your landlord's business.

Again, do it today.

[Mrs.Pearn]

Mr. Knowitail, I appreciate your helpful advise. I tried to notify my landlord but the aparment office was closed on The 1st of January. However, I spoke to my landlord on the phone and she said "in order to take my name off the lease both of us must agree to sign a notice of termination. Of course, my roommate refused to sign a 30 days notice because he said he has no place to go so but he chose to write a letter that says "His full name and address as of January 1st 2008, he promises me (my full name ) that he will inform me by January 31 of his decision either he is able to find a replacement or he will vacate the property.
I do have some questions to ask as well

Do I need to inform the apartment about our due? Because if I have waited for him until the end of the month to vacate, we would have to start counting 30 days from January 31st, right?

Should I inform my landlord that my roommate has 4 cats without permission given by the landlord and the property was damaged by cat cratched / odor/ stains? that's why I can put up with him anymore.

I know that we definitely won't get the deposit back from damaged carpet. Can I sue my roommate for my deposit since it's not my fault?


Please advice, Thank You

[Mrs.Pearn]

Sorry for Misspelling Mr.Knowitall.

[Mr. Knowitall]

Did you give notice as I suggested? It sounds like you decided to ignore what I said.

You can resolve the division of damages however you and your roommate agree, or if you wish you can do so through a small claims suit.

[Mrs.Pearn]

Yes, I did follow your advice. Like I said My landlord said it will not be accepted without both of us signed and My roommate refused to sign it anyway. That's why, I have to force him other way. Thank you for your advice. I will try to search for small claims.