Can I Move Out Without Consequence If I Didn't Sign the Lease
My question involves landlord-tenant law in the State of: CA
My GF and I applied for an apartment together, with a signed application/income details etc from both of us. They drew up the lease in both of our names, but only she signed as I was out of town and then they gave her the keys to move in. Later they emailed it to both of us asking for me to send back a countersigned copy with my signature as well. I never signed it, but they never followed up on it either, so now technically only she's signed the lease agreement yet both of our names are on it. All of the utilities are also in her name as she had set them up when we were moving in.
We lived in the apt for a few months, but now things are on the rocks and i'm ready to end the relationship. To date she's been keeping track of expenses and cutting the rent check and I paypal her my portion, however I pay the majority because I earn a lot more.
I told her to move out because of the break up, but she said she won't. However she can't afford the apartment on her own but I can.
I offered to pay out her portion of the deposit and cover the lease so she could move and we wouldn't face any penalties, but she says she doesn't want to move.
When I said I'd move, she's said I'd still have to pay my share of rent until the lease is over (60% of $3k!) because she can't afford it, or find a roommate for her. This is impossible in a 1 bedroom apartment for $3k/mo! That's totally unreasonable.
Since I never counter signed the lease, can we call it void and both wash our hands of it/both move out?
Should I just give notice to the landlord that my name's on it and I haven't signed so they need to take my name off of it because I didn't agree to the terms?
Worst case which I'd hate to do is just move out if she won't and make her deal with it, but I dont want to screw her over.
What are my options to unwind myself from this mess?
thanks
Re: Can I Move Out Without Consequence If I Didn't Sign the Lease
Obviously, your girlfriend committed herself to the lease with her signature. If the lease is for a year or less, you can orally commit yourself to the lease and your landlord may choose to treat you as having done so. You are free to do whatever you want, and see if your landlord chooses to respond by evicting or seeking rent from you following default, or if your ex-girlfriend sues you for the contribution to the rent you agreed to make when the two of you rented the apartment. It's possible that your landlord would choose to only pursue the named tenant, as well. And if your ex- sues you, you can defend by asserting that she didn't mitigate her damages by seeking a roommate (assuming she doesn't). There are many possible futures.
If there is a chance of your girlfriend's being reasonable, it will be easier to work with her or your landlord to try to resolve the situation. Perhaps, for example, your ex- could find a new roommate and she and her roommate could execute a new lease, or perhaps your landlord might allow you to end the lease early (if you both vacate) upon payment of an early termination fee.