Can I end a rental agreement and then renew without my roommate?

[dl868]

So the situation is that I live with a roommate, a long time friend. When we moved into the apartment, my dad signed as cosigner because she couldn't qualify on her own. It's a month to month lease.

Recently, we had a falling out. She agreed that she would move out of the apartment and I would stay. However, she changed her mind and told me "I won't leave until you do".
With my dad as a cosigner, is it possible for me to end the rental agreement (my roommate doesn't qualify on her own) and reapply without her? Or do we both have equal right to stay in the apartment.

I am unsure what my options are at this point.

If anyone is knowledgable in this area I would love advice. The rental is in San Diego, CA, if that's any help.

 

[LdiJ]

So the situation is that I live with a roommate, a long time friend. When we moved into the apartment, my dad signed as cosigner because she couldn't qualify on her own. It's a month to month lease.

Recently, we had a falling out. She agreed that she would move out of the apartment and I would stay. However, she changed her mind and told me "I won't leave until you do".
With my dad as a cosigner, is it possible for me to end the rental agreement (my roommate doesn't qualify on her own) and reapply without her? Or do we both have equal right to stay in the apartment.

I am unsure what my options are at this point.

If anyone is knowledgable in this area I would love advice. The rental is in San Diego, CA, if that's any help.

Well, if she cooperates you can jointly give your landlord notice that you are moving out. Then, you could make a separate arrangement with your landlord to rent the same or another unit. Personally, I would go for another unit. Otherwise she might refuse to move out when she finds out that you are staying.

 

[FarmerJ]

Your hidden blessing in this mess is that you are month to month so you can give proper notice according to your month to month lease terms Or your states law for tenants with out a written lease and once that is done your legal relationship to the roommate is over when you move out and if she refuses to leave because she thinks some how its going to hurt you , it will hurt her more. If the management offers one bedroom or large studios or even a more affordable two bed unit somewhere else that they manage and you can qualify for that and move into it then the only problem you might have with her would be related to the damage deposit. Since you are not married your notice and moving out does not allow the LL to come after you for unpaid rent if she cant pay and stayed and you do want to take alot of exit photos so you can have a record of the condition of the common areas you shared with her and your bedroom.

 

[Gail in Georgia]

"With my dad as a cosigner, is it possible for me to end the rental agreement (my roommate doesn't qualify on her own) and reapply without her?"

You have the right to terminate YOUR month to month lease and move out.

You do not have the right to terminate hers simply because your father co-signed the lease.

Gail

 

[zddoodah]

Your father co-signing has no bearing on any of this.

is it possible for me to end the rental agreement

Not unilaterally. Without the cooperation of the landlord, you (meaning you and your roommate jointly) would need to give notice of termination of your tenancy as provided in your lease and/or the applicable state law (in this case, 30 days' written notice).

and reapply without her?

You can apply for anything you like without regard to your roommate.

I am unsure what my options are at this point.

My suggestion would be that you (by yourself) approach your landlord about what's happening and say that you and your roommate are going to give notice to terminate the tenancy but that you want to stay. The problem is that, when it gets closer to move-out date, your roommate may figure out what's going on and cause problems. Therefore, you might want to move to a different unit.

You have the right to terminate YOUR month to month lease and move out.

You do not have the right to terminate hers simply because your father co-signed the lease.

This makes it sound like each tenant has his/her own tenancy, and that's not the case. There is only one tenancy, and that cannot be terminated except by both roommates acting in concert. The OP could move while the roommate stays, but that wouldn't result in the termination of any tenancy, and the OP would remain liable for rent as long as the roommate remains in possession of the premises.

 

[FarmerJ]

Z they may have been in a joint lease but they are not married so if the OP sends written notice to the LL and actually written notice to the roommate that she is moving out the landlord and soon to be former roommate cannot keep her tied to a lease forever if roommate refuses to vacate. there are limits as to so called financial damage to the OP in a multi month lease ( like a one year lease) where tenants wont get along and want to breach the lease its different in that the LL must agree to let them out of it but month to month leases have limits SO OP i suggest you use the links above and talk to a Atty in CA who can give you the best possible advice.

 

[zddoodah]

Z they may have been in a joint lease but they are not married so if the OP sends written notice to the LL and actually written notice to the roommate that she is moving out the landlord and soon to be former roommate cannot keep her tied to a lease forever if roommate refuses to vacate.

I disagree. There is a single tenancy, and that tenancy doesn't end unless all parties agree to terminate it or all tenants have moved out. The OP can give all the notices he/she wants, but as long as the roommate remains in possession of the premises, the OP will remain on the hook to the landlord (unless the landlord agrees to give a release).

 

[quincy]

I disagree. There is a single tenancy, and that tenancy doesn't end unless all parties agree to terminate it or all tenants have moved out. The OP can give all the notices he/she wants, but as long as the roommate remains in possession of the premises, the OP will remain on the hook to the landlord (unless the landlord agrees to give a release).

It’s a month-to-month lease. Any tenant can choose (with notice) not to renew for another month.

 

[STEPHAN]

It’s a month-to-month lease. Any tenant can choose (with notice) not to renew for another month.

quincy, I disagree. If they are on a lease together, the lease only ends if both give notice and move out.

 

[quincy]

quincy, I disagree. If they are on a lease together, the lease only ends if both give notice and move out.

The lease is month-to-month which means it is a 30-day contract. The lease ends at the end of each month unless renewed by the payment of rent, which extends the lease for another month.

The month-to-month lease ends when a tenant gives proper notice of lease termination and vacates the rental property or the landlord gives proper notice to terminate the tenancy.

It is the fact that each month is a new lease that allows for a landlord to raise the rent or change the terms of the lease if the landlord provides the tenant with proper notice of the changes.

 

[STEPHAN]

The lease only ends if ALL tenants move out. One tenant can not give notice for another.

 

[Zigner]

IF the LL wishes to work with you in this situation, then the LL can give a notice of termination of tenancy, as long as any appropriate rules/regulations/codes/laws are complied with while doing so. Once that tenancy is terminated, the LL can then create a new tenancy with just the one tenant (you).
I believe it was mentioned above that it might be easier to move in to a different apartment in the complex, as opposed to staying in that one.