Q: Am I able to get out of a month to month lease if my 2 roommates want to stay and I want to leave? My landlord says no.
I had a 1 year lease that ended in 8/2020 with my sister & her boyfriend. We've been month to month since then. I want to leave & have written my 30 day notice starting on 11/1/20 to leave 12/1/20. Landlord says she will not accept my 30 day notice because "The 30 day notice you submitted is not applicable since the lease obligation is in full effect until all residents have terminated the tenancy. It will be noted that you are no longer in possession, however, you remain financially responsible." Is this legal? I'm an individual and want to leave. My sister has been late on the rent and I don't want to be responsible for outstanding monies owed or have it hurt my credit. Is the landlord saying that the only way I can relinquish my responsibility is if my sister/boyfriend sign a new lease?
A:
In a holdover situation, without a new rental agreement, the terms of the old agreement continue on, which means that the LL does not have to partition the renters and allow one to leave while others stay. You are already liable for the rent your sister defaulted on, to date. You need to consider that if you give notice and just move out, the LL could come after you for whatever rent is owing by the sister and the boyfriend. You need to give THEM a 3 day notice to pay rent or quit, AND a 30 day notice to quit, and then to consider proceeding to eviction of your sister and boyfriend. If you just give notice and leave, the LL is not required to evict the sister and boyfriend and you could be under a continuing obligation to pay their rent. You should have executed separate rental agreements if they were such flakes, they did not become that way overnight. Consult a local tenant's rights attorney.
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