Q: My lease expired and I am currently paying month-to-month as a holdover. I am a co-tenant on the old lease that expired.
My lease expired and I am currently paying month-to-month as a holdover. I am a co-tenant on the old lease that expired and I want to move out. My roommate, however, does not want to move and the leasing company won't accept my 30-day notice unless it's from both of us. I can't force him to sign it so how can I get them to allow me to leave? This doesn't seem legal since we're not on any active lease with them any longer.
A:
A holdover tenant can leave after 30 days notice. The landlord does not need to "accept" the termination (or the roommate for that matter). The landlord cannot force holdover tenant(s) to stay beyond 30 days (note: if a signed lease exists all parties have to wait until the term expires or early termination is triggered).
If you decide send notice. Send it via a registered letter or an email for documentation (this may help if other legal issues arise).
After the 30 days expires w/ notice from the usually due date of payment the holdover lease is terminated. Make sure to take detailed pictures of the apartment the day to leave the apartment (again, to help if other legal issues arise).
The landlord may (arguably illegally) withhold the security deposit. Depending on the amount, you can seek the amount back in small claims court. In the most extreme the landlord could sue you for back rent, but if you are a holdover tenant and you provided correct notice, you should win the case and not owe rent after you leave.
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