Results 1 to 6 of 6
  1. #1
    Join Date
    Dec 2018
    Posts
    2

    Default How Can a Co-Tenant Terminate a Month-to-Month Tenancy

    My question involves landlord-tenant law in the State of: Utah

    I signed a lease with two other people. We each signed our own copy but with all three names listed as tenants. I gave the landlord 30-day notice of termination per the current month-to-month rental agreement (6 mo. initially then switched automatically to mo-to-mo). He accepted the notice. Then he claims that I am responsible for rent after the end of this month because the lease is not broken--the other two tenants are staying and still on the lease. The roommates all signed an agreement to divide the total rent and states that if a roommate leaves before the end of the lease or month-to-month, they are responsible for rent and finding a replacement. However, I gave sufficient notice of termination. Doesn't that disqualify me from the lease and rent after that date?

    Thank you

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can I Terminate a Month-To-Month Lease As a Co-Tenant with a Sufficient 30day Not

    Quote Quoting elerodgers
    View Post
    However, I gave sufficient notice of termination. Doesn't that disqualify me from the lease and rent after that date?
    No.

    All three of you are bound to the landlord until such time as all three of you properly terminate the tenancy and surrender the premises back to the landlord.

    Any agreement between the three of you is meaningless to the property owner.

    Though the agreement between the three of you is enforceable by the three of you. In other words you find a replacement. He becomes your subtenant and you are responsible for any default on rent or damage he causes unless the landlord releases you, in writing, from further obligations and accepts the new tenant as a replacement.

    This is the kind of thing that makes roommate arrangements poison.

  3. #3
    Join Date
    Dec 2018
    Posts
    2

    Default Re: Can I Terminate a Month-To-Month Lease As a Co-Tenant with a Sufficient 30day Not

    What if he has accepted my notice of termination as sufficient, in writing? Is there a way to argue that that releases me? I said here is my notice of termination and he said that was sufficient notice

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can I Terminate a Month-To-Month Lease As a Co-Tenant with a Sufficient 30day Not

    Quote Quoting elerodgers
    View Post
    What if he has accepted my notice of termination as sufficient, in writing? Is there a way to argue that that releases me? I said here is my notice of termination and he said that was sufficient notice
    I'm guessing that neither of you said exactly that so quote what you wrote word for word in its entirety and quote what he wrote word for word in its entirety.

  5. #5
    Join Date
    Jul 2018
    Posts
    157

    Default Re: Can I Terminate a Month-To-Month Lease As a Co-Tenant with a Sufficient 30day Not

    There is the potential for a number of knotty legal issues here, but all depending on whether or not the landlord has in fact released you from the obligations of the lease. But how can you maintain that such an intent has been expressed in face of this equivocation:

    He accepted the notice. Then he claims that I am responsible for rent after the end of this month because the lease is not broken--
    And if the landlord has stated his intention to continue to hold you responsible for the rent, doesn't that render your question as to the "sufficiency of your notice of termination'' superfluous and a bit inane?!

    You appear to be functioning under the absurd misconception that as a person jointly and severally obligated to the landlord for 100% of the rent that you can singularly and unilaterally relieve yourself of that obligation.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can I Terminate a Month-To-Month Lease As a Co-Tenant with a Sufficient 30day Not

    Quote Quoting elerodgers
    View Post
    signed a lease with two other people. We each signed our own copy but with all three names listed as tenants. I gave the landlord 30-day notice of termination per the current month-to-month rental agreement (6 mo. initially then switched automatically to mo-to-mo). He accepted the notice. Then he claims that I am responsible for rent after the end of this month because the lease is not broken--the other two tenants are staying and still on the lease.
    Odds are that the answer given to you above, as well as the position now taken by your landlord, are wrong.

    You can bind yourself to a lease for its term -- so there could easily be a provision in a lease making plain that you are responsible for your share of the rent through the conclusion of the lease term unless properly released from that obligation before the end of the term. However, you are speaking of ending the lease at the end of its presently month-to-month term. It is simply not the case that you are forever obligated to renew an expired lease and pay a share of the rent as long as one of your co-tenants wants to renew.

    If there is language in the lease that speaks to your continuing obligation for renewal periods, you should quote that language for us or show it to a real estate lawyer in your state.
    Quote Quoting elerodgers
    The roommates all signed an agreement to divide the total rent and states that if a roommate leaves before the end of the lease or month-to-month, they are responsible for rent and finding a replacement.
    Is this a separate agreement from the lease? Is the landlord a party to this agreement?

    I am skeptical that this agreement creates a perpetual liability upon you unless and until all roommates agree to decline renewal, but as with the lease we are not in a position to interpret contract language that we have not seen.
    Quote Quoting latigo
    View Post
    And if the landlord has stated his intention to continue to hold you responsible for the rent, doesn't that render your question as to the "sufficiency of your notice of termination'' superfluous and a bit inane?!
    If the landlord accepted the notice, the question is raised as to whether the landlord can later revoke that acceptance. A landlord can release one co-tenant from further liability under the lease without the permission of the other co-tenants; but depending on the terms of the lease, doing so may affect the other co-tenants obligations to the landlord.
    Quote Quoting latigo
    You appear to be functioning under the absurd misconception that as a person jointly and severally obligated to the landlord for 100% of the rent that you can singularly and unilaterally relieve yourself of that obligation.
    You are in a poor position to snark. This is not a question about joint and several liability for co-tenants during the tenancy. This is a question about whether and when one co-tenant can end the tenancy.

    1. Sponsored Links
       

Similar Threads

  1. Giving Notice: Refund Rights to Last Month's Rent After Termination of a Month-to-Month Tenancy
    By justavisitor in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 03-07-2018, 09:49 AM
  2. Giving Notice: Can Tenancy be Terminated on Less than a Month's Notice if You Paid Last Month's Rent
    By Sweetlou305 in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 11-03-2017, 07:46 PM
  3. Eviction Notices: How to Terminate a Month to Month Tenancy
    By vbprada in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 02-08-2017, 06:00 PM
  4. Rent and Utilities: Can a Landlord Demand Late Fees on a Month to Month Tenancy With No Written Lease
    By YellowBird112 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-08-2013, 05:58 AM
  5. Giving Notice: How to Calculate 30 Day Notice After Tenant Terminates Month-To-Month Tenancy
    By krisinsd in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-22-2010, 09:35 AM
 
 
Sponsored Links

Legal Help, Information and Resources