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  1. #1
    Join Date
    May 2017
    Posts
    2

    Unhappy Roommate Gave Me 30 Day Notice, Signed Off Lease, but Now Won't Move

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

    Hello,
    My roommate and I are co-tenants and have been for 2 years. We don't get along and decided to come to a mutual agreement for her moving out. I agreed to give her 1/2 of the deposit so long as she gives me a proper 30-day notice and leaves as stated. We have a written agreement to these terms. On the last week of April she gave me a 30 day notice. She stated that she hadn't found a place to move to yet but was planning on leaving by June 1st.

    I took her notice and told her that she needed to let me know by the 15th if she changed her mind. I hadn't heard from her, so I emailed her to confirm her move out date. I reminded her that she needed to sign a release form to remove herself off of the lease and, if she did not do so, I would not be able to make necessary arrangements and could not guarantee giving her 1/2 of the deposit.

    She went ahead and signed herself off of the lease (I turned the release form in and confirmed with our landlord this morning). However, she has been very vague about when exactly she is moving. I have found a new tenant and they are expecting to move in by in June. I have asked my roommate repeatedly to let me know when she plans on leaving, so I can prepare the room for our new tenant.

    She finally texted me today, 2 days before the end of the month, with a very vague response stating she "hasn't worked out all the kinks" and wants to keep communicating with me about this. I am now concerned that she is not prepared to move out. I do not want to live with her anymore and do not want to take any more money from her. At the same time, I cannot afford the rent by myself and need to make sure it is paid on time.

    What are my options? Can I give her a 3-day notice to quit? Or do I have to give her a 30day notice? and if I do, what do I do about not taking $$ from her. Can I refuse to give her the portion of the deposit I agreed to give her if she does not leave when she says she will?

    I do not want to loose my prospective tenant because she is not ready to leave by the date she agreed to!

    I hope this makes sense. I am happy to offer more information! Please HELP!!

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

    Default Re: Roommate Gave Me 30 Day Notice, Signed Off Lease, but Now Won't Move

    You shouldn't have done anything until she was out the door and turned over the keys.

    Guess you've learned that lesson the hard way.

    If she pays you the full monthly rent on the 1 you give her 30 days written notice.

    If she doesn't pay on the first you give her 3 day written pay or quit notice. If she's still there after the 3 days are up (and hasn't paid) you file for eviction in court.

  3. #3
    Join Date
    May 2017
    Posts
    2

    Default Re: Roommate Gave Me 30 Day Notice, Signed Off Lease, but Now Won't Move

    Quote Quoting adjusterjack
    View Post
    You shouldn't have done anything until she was out the door and turned over the keys.

    Guess you've learned that lesson the hard way.

    I haven't given her anything, so I am not entirely sure what lesson there is to learn.

    I simply want to know what my options are if she refuses to move and if I don't want to take rent from her. Is there something other than pay or quit that I can give her? The goal here is to make sure she moves out and I don't want her to think me taking her rent is me agreeing to let her stay another month.

    I haven't given her any money and she has already signed herself off of the lease.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Roommate Gave Me 30 Day Notice, Signed Off Lease, but Now Won't Move

    Assuming that the documentation signed by you and your roommate, and submitted to and accepted by the landlord, is sufficient to give you exclusive rights to the unit, then your roommate would normally be deemed a holdover tenant if she does not move out as agreed, and thus normally entitled to a 30-day notice to quit. That period can be modified by contract, but it does not appear that you have a direct contractual arrangement (i.e., a lease) with the roommate. It may be possible to also file a pay-or-quit notice if rent is not paid, but things quickly become complicated.

    Without knowing the full details and reading the documents, it's difficult to do more than suggest that you (a) cross your fingers and hope that she moves as promised, or (b) consult a lawyer about your options, taking with you all of the relevant documentation.

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