Q: Both my ex and me are on the lease, if I put my 30 day notice, am I still liable if he doesn’t move out?

A: In California, when you are on a month-to-month lease, you can typically terminate your obligation by providing a written 30-day notice to the landlord. However, if both you and your ex are on the lease, the situation can be a bit more complex.

Here are a few key points to consider:

1. Joint and several liability: When multiple tenants are on a lease, they are usually considered jointly and severally liable for the rent and any damages. This means that the landlord can seek the full amount of rent or damages from either tenant, regardless of individual payment arrangements between the tenants.

2. Proper notice: To remove your liability, you must provide proper written notice to the landlord in accordance with California law and any specific requirements outlined in your lease. The notice should clearly state that you are terminating your tenancy and will vacate the property by a specific date.

3. Landlord's acceptance: The landlord must accept your notice and agree to remove you from the lease. If the landlord continues to hold you liable for rent or damages after the 30-day period, you may need to negotiate with the landlord or seek legal assistance.

4. Co-tenant's actions: If your ex decides to remain in the property and sign a new lease or continue the month-to-month tenancy, your liability should end once the landlord accepts your notice and removes you from the lease. However, if your ex fails to pay rent or causes damages after you vacate, the landlord might still try to hold you responsible.

To protect yourself, it's essential to provide proper written notice to the landlord, communicate your intentions clearly to your ex, and document all communications and actions taken. If your ex is unwilling to cooperate or you anticipate issues with the landlord, it may be helpful to consult with a local landlord-tenant attorney to discuss your options and ensure you take the necessary steps to minimize your liability.

A: Assuming you are "on the lease" as co-tenants, then you have the right to terminate your co-tenancy on proper written notice under Civil Code Section 1946, and would normally have no liability for rent, etc. accruing after the termination date. See Schmitt v. Felix (1958) 157 Cal.App.2d 642. Of course, you are still on the hook for damages which occur before the 30 days expire, so documenting the condition of the premises may be an issue.