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  1. #1
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    May 2015
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    Default Liability for Rent After Moving Out if a Roomate Continues Month-to-Month

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

    My 6 month fixed end date lease ended on April 30th, 2015.
    My roommate Ryan and I gave the proper written notice (20 days according to Washington law) saying we are vacating the apartment on April 30th when our lease was up. At the end of the month I moved out, but my roommate decided to start staying month to month. Some how my name is on this month to month lease thing, even though my lease was up, I gave written notice, vacated accordingly and didn't sign any new paperwork. My landlord insisted I must get my roommate to sign a paper to release me in order for my name to be taken off, but there is bad blood between us and he refuses to sign the paper and take full responsibility of the apartment even though he chose to stay and I moved out. I am confused as to why Ryan would even have to sign this paper "relinquishing me" in the first place, when my contract was up and I gave notice? Is my landlord in the right or are they trying to swindle me? My only guess as to why they are trying to keep me on the paperwork is the fact Ryan has horrible credit, bad rental history, and doesnt make enough on his own to qualify for the Apartment and they are worried about him paying rent/damages once he moves out. (I have excellent credit, good rental history) If anyone can help that would be greatly appreciated! Any specific laws you can think of that will help me would also be appreciated. Thank you!

    Also, I discovered that the month to month agreement is not in writing, its a verbal affair between Ryan and the apartment complex. Also, my lease states that month to month tenancy after the lease is up must have 20;days written notice before the end of the lease. No such documents exist in our file-Ryan simply called and stated he was staying-while I told them I'm not.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Lease Ended, Notice Given, Roommate Stayed and Went Month to Month, Why Am I Stil

    The legal theory is that you were both "jointly and severally" (google it) liable for the lease and, therefore, jointly liable for continuing to occupy the apartment even though you moved out.

    In other words, as far as the landlord is concerned, the two of you still live there.

    Which also means that you aren't getting any of the deposit back until both of you have terminated your tenancy.

    How your landlord is handling this is exactly how I would have handled the same situation when I had my rentals.

    Better hope Ryan doesn't default on anything because the landlord will be coming after the tenant with the good credit and good job if he can't get anything out of the other tenant.

    By the way, a month to month rental doesn't have to be in writing. It's the default after a lease is up.

  3. #3
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    Nov 2013
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    672

    Default Re: Lease Ended, Notice Given, Roommate Stayed and Went Month to Month, Why Am I Stil

    Would there have been a way for OP to do what he was attempting? Could he have somehow terminated his own obligation to the LL even if the roomie decided to stay after the lease ended?

  4. #4
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    Default Re: Liability for Rent After Moving Out if a Roomate Continues Month-to-Month

    Quote Quoting D.jenkins3
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    My roommate Ryan and I gave the proper written notice (20 days according to Washington law) saying we are vacating the apartment on April 30th when our lease was up.
    You both signed and delivered a document indicating that you were both ending your tenancy at the conclusion of the initial lease term? Did you keep a copy? If so, you appear to be in a good position to argue that the new month-to-month arrangement is in fact independent of your prior tenancy.
    Quote Quoting D.jenkins3
    My landlord insisted I must get my roommate to sign a paper to release me in order for my name to be taken off....
    What does your lease say about the application of its terms to a continued, month-to-month tenancy?
    Quote Quoting D.jenkins3
    Also, I discovered that the month to month agreement is not in writing, its a verbal affair between Ryan and the apartment complex.
    It does not have to be in writing, but odds are it's in fact a continuation of the written lease.
    Quote Quoting D.jenkins3
    Also, my lease states that month to month tenancy after the lease is up must have 20;days written notice before the end of the lease.
    The landlord can waive that requirement if it chooses to allow the lease to continue, month-to-month.

  5. #5
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    Mar 2013
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    Default Re: Lease Ended, Notice Given, Roommate Stayed and Went Month to Month, Why Am I Stil

    Quote Quoting Catmad
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    Would there have been a way for OP to do what he was attempting? Could he have somehow terminated his own obligation to the LL even if the roomie decided to stay after the lease ended?
    Yes.

    With the consent of the landlord.

    In other words, the landlord would have had to execute a new written lease with the roommate and released OP (in writing) from his obligations. There would also have had to have been an arrangement for the security deposit. Example: If the security deposit was $1000 that the landlord was holding, the roommate would have had to give the OP $500 or give it to the landlord so that the landlord could refund $500 to the OP. Either way, the landlord holds $1000.

    However, with the roommate being a poor credit risk and the OP being a good credit risk, the landlord is wise to keep the OP on the hook until the roommate moves out. By staying on month to month the landlord is protecting himself by keeping the option of terminating the tenancy with a month's notice or sooner if the rent is delinquent.

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
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    You both signed and delivered a document indicating that you were both ending your tenancy at the conclusion of the initial lease term? Did you keep a copy? If so, you appear to be in a good position to argue that the new month-to-month arrangement is in fact independent of your prior tenancy.
    I'm not sure I agree.

    They both signed the notice but they both didn't leave. Under the doctrine of "joint and several" liability, they are both still there until the landlord writes a new contract with the roommate which obviously isn't happening.

    We don't know whether the lease had a "joint and several" clause but, even if it didn't, it could be implied by other terms of the lease.

    Perhaps OP can enlighten us as to whether the lease specified "joint and several."

  6. #6
    Join Date
    Oct 2006
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    Default Re: Lease Ended, Notice Given, Roommate Stayed and Went Month to Month, Why Am I Stil

    Quote Quoting adjusterjack
    View Post
    Yes.

    With the consent of the landlord.

    In other words, the landlord would have had to execute a new written lease with the roommate and released OP (in writing) from his obligations. There would also have had to have been an arrangement for the security deposit. Example: If the security deposit was $1000 that the landlord was holding, the roommate would have had to give the OP $500 or give it to the landlord so that the landlord could refund $500 to the OP. Either way, the landlord holds $1000.

    However, with the roommate being a poor credit risk and the OP being a good credit risk, the landlord is wise to keep the OP on the hook until the roommate moves out. By staying on month to month the landlord is protecting himself by keeping the option of terminating the tenancy with a month's notice or sooner if the rent is delinquent.

    - - - Updated - - -



    I'm not sure I agree.

    They both signed the notice but they both didn't leave. Under the doctrine of "joint and several" liability, they are both still there until the landlord writes a new contract with the roommate which obviously isn't happening.

    We don't know whether the lease had a "joint and several" clause but, even if it didn't, it could be implied by other terms of the lease.

    Perhaps OP can enlighten us as to whether the lease specified "joint and several."
    I do agree with Mr. KIA. Its very basic to contract law.

    Think about it? Even with a joint and several clause the OP did everything within his power as an individual to terminate the rental contract at the end of its period...which included his roommate giving notice as well.

    Under your theory the roommate could remain there for the next 20 years, on a month to month basis, with the OP remaining responsible for the rent for that entire period of time.

  7. #7
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    Default Re: Lease Ended, Notice Given, Roommate Stayed and Went Month to Month, Why Am I Stil

    Quote Quoting adjusterjack
    View Post
    They both signed the notice but they both didn't leave. Under the doctrine of "joint and several" liability, they are both still there until the landlord writes a new contract with the roommate which obviously isn't happening.
    This is not a situation where one roommate held over, in which case both tenants would ordinarily be liable for rent pending that roommate's belatedly vacating the premises or his eviction. This is a context in which the landlord has agreed to allow the one roommate to stay on a month-to-month basis. The landlord can't "undo" a proper termination of the prior tenancy, if that is what occurred, in order to deem that new arrangement a continuation of the prior lease.

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