Q: On a month-to-month, 2 roommates, gave 30-day notice. Landlord not accepting because roommates don't qualify. Legal?
I am paying rent on this 4 bedroom apartment by myself since my wife is no longer residing here (living with a boyfriend) and stopped paying rent or bills, Mother-in-law lives with us also not paying her share of the rent. The landlord insists that if I move out with my children I will still be responsible to pay this rent because the other two do not qualify on their own based on income to keep the apartment. Is this legal for them to do this? I need to get out of here as I am already behind on rent.
I feel like it is due to the "joint and several" clause, is that correct?
"The undersigned Residents, whether or not in actual possession of the Leased Premises, are jointly and severally responsible for all obligations arising hereunder."
A: Yes, generally all tenants that signed the lease agreement are jointly responsible for paying the rent - all of the rent. But only so long as the rental agreement is in force. Assuming you are on a month to month tenancy, as soon as one tenant provides 30 day notice, the rental agreement terminates for all tenants at the end of that 30 days. Any remaining tenants remain responsible for any additional rent they incur, but those gone are off the hook for anything further and it is the landlord's problem to remove tenants that stay beyond the termination of the rental agreement. A landlord cannot "refuse" to terminate a rental agreement because not all the tenants want to leave.
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