Landlord signed new lease with new tenant - does this void old lease?

[lisakathleen]

I live in California in a four bedroom house. I signed a year lease in March 2009 with three roommates (4 total people in house). Recently, one roommate lost his job and cannot afford the house anymore. My landlord agreed to let him out of the lease, and wanted us to all sign a new lease with a new tenant. We don't have any friends who want to move in, so the option is to have a complete stranger move in.

I told the landlord I refuse to live with a stranger, and if my roommate is moving out, then so am I. My roommate found someone to replace him who gets along with the other two roommates in the house, and now the three of them have signed a lease from October 2009 to March 2010. I am still looking for a replacement for my room, who would presumably sign this new lease. I found a new place and am all moved out of this house. I already paid rent for October, so am currently paying double rent for this month. I'm just wondering - does the signing of this new lease void the lease I signed in March 2009? Or if I have not found a replacement by November 1, am I held responsible for the November rent?What is the name of your state (only U.S. law)? Or are the three who are in the new lease responsible for the rent? And, IF the old lease is void, does that mean I get my deposit back?What is the name of your state (only U.S. law)?

 

[sandyclaus]

I live in California in a four bedroom house. I signed a year lease in March 2009 with three roommates (4 total people in house). Recently, one roommate lost his job and cannot afford the house anymore. My landlord agreed to let him out of the lease, and wanted us to all sign a new lease with a new tenant. We don't have any friends who want to move in, so the option is to have a complete stranger move in.

I told the landlord I refuse to live with a stranger, and if my roommate is moving out, then so am I. My roommate found someone to replace him who gets along with the other two roommates in the house, and now the three of them have signed a lease from October 2009 to March 2010. I am still looking for a replacement for my room, who would presumably sign this new lease. I found a new place and am all moved out of this house. I already paid rent for October, so am currently paying double rent for this month. I'm just wondering - does the signing of this new lease void the lease I signed in March 2009? Or if I have not found a replacement by November 1, am I held responsible for the November rent?What is the name of your state (only U.S. law)? Or are the three who are in the new lease responsible for the rent? And, IF the old lease is void, does that mean I get my deposit back?What is the name of your state (only U.S. law)?

Are you listed on the new lease at all, or does it indicate 4 total parties (the 3 co-tenants and an unnamed additional occupant)?

It would follow that if there are only 3 parties listed, and you are not one of them, that the LL basically let you out of the existing lease effective as of October 1st. If you are no longer listed, then it might be assumed you no longer have an obligation under that lease. The new lease appears to supersede the old one because it covers the next 6 months.

As long as the lease is covered, it should also follow that you would be entitled to receive some part of your deposit back (less any damages). Do you have a receipt for what you paid, was your portion paid to LL themselves, or did all tenants combine their monies and pay LL in one check? If you each paid individually, the LL should return your portion to you accordingly. If paid together as one, however, the LL may have rolled it over into the revised lease and you may need to collect it from the remaining tenants (they in turn should collect a deposit from the newest tenant to replace your portion).