Only One Roommate Wants to Leave on a Month-To-Month Lease

My question involves landlord-tenant law in the State of: California, County/City of San Francisco

I am a co-tenant in a one-bedroom unit in which I and one other person have lived for the past two years. The lease was for one year and converted to a month to month tenancy after the first year. I have contacted the landlord and informed them I will be giving a 30 day notice, and will deliver it in writing by the end of this month. My roommate wants to stay in the apartment. I would like to be off the lease and not liable for the apartment. The landlord stated that if I break the contract, then my roommate will have to negotiate a new contract. My roommate does not think she needs a new contract and that without agreeing to release me she may continue to live in the apartment with the current agreement in effect. She says she does not want to give consent for terminating the rental agreement because the rent would go up and she would not be able to afford to live there. Also my roommate wants to get a new roommate even though the original agreement expressly states that only the two people who signed the lease may live there. Subletting and assignments are not allowed according to the contract.

My question is, who is correct in this case? I think that I am allowed to exit the month to month tenancy with proper notice to the landlord, and that this will end the contract, and my roommate will have to negotiate with the landlord. Am I right? Or can my co-tenant refuse to give consent, keeping me on the lease agreement and thereby liable?

You should give notice in writing, you should keep a copy of your notice and, if possible, get written confirmation from the landlord of their receipt of your notice. That way you're in a good position to document that you gave notice in the event that there are problems with the unit when your roommate finally moves, if she fails to pay rent or if she's evicted.

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Quoting bach9

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My roommate does not think she needs a new contract and that without agreeing to release me she may continue to live in the apartment with the current agreement in effect.

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The terms of any new rental agreement are between her and the landlord.

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Quoting bach9

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She says she does not want to give consent for terminating the rental agreement because the rent would go up and she would not be able to afford to live there.

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You don't need her consent.

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Quoting bach9

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Also my roommate wants to get a new roommate even though the original agreement expressly states that only the two people who signed the lease may live there. Subletting and assignments are not allowed according to the contract.

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The landlord can waive that restriction if he chooses.

I don't know how your lease reads ....but you might be far safer to give correct notice in writing AND get a written release from your LL. Otherwise you are not safely off the lease.

BTW, how do you handle security?

Thank you for your question regarding the security deposit. I put up all the money for the security when we moved in. I would like it back when I move out but am doubtful I will get it if my roommate is still there. The landlord would prefer that we work it out ourselves, meaning that my roommate would give me the security and then the landlord would give the security back to my roommate when she leaves. I do have an email from my roommate stating that she would give me the security when she gets a new roommate. Still, I don't know if I'll actually see it unless we both move out and I can get it from the landlord directly.

Also, my roommate is asking for the keys since I have already moved all my things out, and is saying that keeping the keys is tantamount to being liable for paying rent. Previously she agreed to pay the rent for my last month since I will not be living there anymore (during the 30 day notice period), which is based on a personal agreement because I covered the rent for both of us for some months in the past. The landlord of course does not want to take money from us individually, and wants only one rent check. Since personal relations are tenuous with my roommate at this point, I am not sure best to handle the rent payment during the last month. Should I send my roommate a check for half the rent, with a letter stating that I am paying for my half of the last month with a copy of the 30 day notice to the landlord? Or should I communicate with my roommate and find out if they are actually going to pay the full rent during my last month, and let them do that? I do not plan on giving the keys to my roommate until the end of the 30 day notice period which I believe is my right. I also need the keys because the landlord accepts rent checks and mail in a box in the building which must be hand delivered.

Any suggestions in handling these things would be very helpful. Thank you!

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Thank you very much for your reply.

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Quoting bach9

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I put up all the money for the security when we moved in. I would like it back when I move out but am doubtful I will get it if my roommate is still there. The landlord would prefer that we work it out ourselves, meaning that my roommate would give me the security and then the landlord would give the security back to my roommate when she leaves.

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If the landlord is telling your roommate that the old lease is ending and they have to negotiate an entirely new lease, then your landlord needs to refund your security deposit consistent with that statement. If your landlord is telling your roommate that your roommate can continue to rent under the existing month-to-month agreement, then it may be that your landlord is entitled to retain the security deposit for the continuing lease -- but you will need to check the terms of your rental agreement to see if you gave the landlord any such right in the event that one roommate remains in occupation.

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Quoting bach9

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Also, my roommate is asking for the keys since I have already moved all my things out, and is saying that keeping the keys is tantamount to being liable for paying rent.

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If you want to retain access to the unit, it's fair to ask why you wouldn't be paying rent. But you should return your keys to your landlord.

The manner in which you resolve the issue of your roommate's debt to you is a personal matter between you and your roommate -- but if your roommate defaults on the rent while you are still a tenant, the landlord has every right to pursue you for that money and you could end up being made part of an eviction action.

Thanks for your replies which are very helpful. I feel grateful.

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Quoting Mr. Knowitall

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If the landlord is telling your roommate that the old lease is ending and they have to negotiate an entirely new lease, then your landlord needs to refund your security deposit consistent with that statement. If your landlord is telling your roommate that your roommate can continue to rent under the existing month-to-month agreement, then it may be that your landlord is entitled to retain the security deposit for the continuing lease -- but you will need to check the terms of your rental agreement to see if you gave the landlord any such right in the event that one roommate remains in occupation.

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The landlord seems willing to go either way as long as both of us (the co-tenants) are agreeing to the same thing. He doesn't want to get in the middle of a dispute. The rental agreement doesn't actually specify anything about only one roommate remaining in occupation. If the landlord agrees, could he "assign" the existing lease to the tenant who is staying? And if so would the assignment relieve me of liability if it specifies that the other roommate is solely responsible for the rent?

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Quoting Mr. Knowitall

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If you want to retain access to the unit, it's fair to ask why you wouldn't be paying rent. But you should return your keys to your landlord.

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This sounds logical. If the landlord won't meet me personally to retrieve the keys, I may need to leave the keys with the other roommate. My plan is to call the landlord and ask his permission to do this and then put it in writing that I am relinquishing access to the unit.

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Quoting Mr. Knowitall

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The manner in which you resolve the issue of your roommate's debt to you is a personal matter between you and your roommate -- but if your roommate defaults on the rent while you are still a tenant, the landlord has every right to pursue you for that money and you could end up being made part of an eviction action.

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In the case that the landlord can assign the existing lease to the tenant who is staying, the landlord could keep the security, and my roommate and I could work out a personal agreement about the amount I am owed and the final rent payment.

Thoughts?

Unless you get your portion of the security back when you exit I predict it is 10X harder/more unlikely to recover later on.

Unless you are released in writing from the lease by the LL you run a considerable risk that you remain liable should the holdover tenant drop the ball or damage the place.

The LL has no incentive to sort out tenat problems and no incentive to allow a financially able tenant off the lease and risk that remaining tenant or replacement party is equally financially stable.

The return of keys is a highly symbolic act of surrender ..but surrender is a two sided step and DOR one tenant to surrender to the other serves no purpose as to LL.

Make life cleaner and safer......vacate the old lease and get a new lease in place
Y

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Quoting bach9

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If the landlord agrees, could he "assign" the existing lease to the tenant who is staying? And if so would the assignment relieve me of liability if it specifies that the other roommate is solely responsible for the rent?

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You would want to be formally released by the landlord from any continuing lease. That could be a simple document, but it should be dated and signed by your landlord. Here's an example from Texas, which should give you an idea of what might be included.

If you are going to agree to the continuation of the lease, you should expressly address the security deposit issue. I would not personally be particularly interested in helping my roommate continue the lease at a lower rate of rent, as opposed to negotiating a new lease, unless I were getting my deposit payment refunded in association with that arrangement. If you want to make it a personal loan between you and your roommate, from what you've told us it sounds like there's a substantial chance that you'll never see the money.

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Quoting bach9

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This sounds logical. If the landlord won't meet me personally to retrieve the keys, I may need to leave the keys with the other roommate. My plan is to call the landlord and ask his permission to do this and then put it in writing that I am relinquishing access to the unit.

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Have the landlord confirm, in writing, how he wants you to return the keys.

Yes, that makes sense. Best to vacate the old lease and try to recover the security deposit when I leave. Thank you.

Unless you line up your points to get the full security back is about 21days or less after you surrender your lease to LL I predict your odds of getting it from RM head down hill fast.

And RMs promise to pay you when she finds a new RM is problematic if old lease prohibits adding new party....