Hey,
So I have a bit of a multilayered issue. I lived in a 2 bedroom apartment with another person I was not getting along with. About a month ago I submitted my one months notice (lease is month to month now). The landlord chose to ignore my notice and say the other roommate needs to sign off on someone new. She explained there will be a lease amendment form that the other roommate, the new tenant, and myself would need to sign. I spoke to a couple lawyers who reviewed my lease (and asked these forums as well) and everyone said the landlord couldn't do that. If I give my notice, I'm off the lease period. They can't hold me hostage.
The issue I'm more concerend about is this: I told my roommate that whoever she finds, that person will need to write me a check for my half of the security deposit. This is because there is a clause on the lease that states the landlord is not required to give the deposit back until the unit is fully vacated. Fast forward to today. My roommate found someone and I was sent the form I need to sign to get off the lease. This form also has a clause that the security deposit I and the other roommate paid will no longer be returned to me. Instead it will be returned to the new person. I'm fine with that, except the new person has not paid me my full half of the deposit. She only paid half ($500 out of $1000). If I sign this form, she's basically getting my money when they eventually move out.
My old roommate is playing gatekeeper and ignoring my messages to get the rest. The landlord is also being really difficult. I've tried asking her if the new person is technically on the lease if I don't sign this form, because if not then her living in that apartment is breaking the lease terms. She's also being very inconsistent in her messaging about whether I'm already off the lease or not. In one message she said I am, in other she said I am not until I sign this form. She's clearly being evasive and does not want to deal with me.
Do I have any legal protection here? Obviously I want to get off this lease, but I would like to get my full security deposit back. Can I sue the new tennant for the rest? Any help would be appreciated.
Thanks!
EDIT: This is in CA. Another issue is I live in VA now which may make getting legal help difficult.
So I have a bit of a multilayered issue. I lived in a 2 bedroom apartment with another person I was not getting along with. About a month ago I submitted my one months notice (lease is month to month now). The landlord chose to ignore my notice and say the other roommate needs to sign off on someone new. She explained there will be a lease amendment form that the other roommate, the new tenant, and myself would need to sign. I spoke to a couple lawyers who reviewed my lease (and asked these forums as well) and everyone said the landlord couldn't do that. If I give my notice, I'm off the lease period. They can't hold me hostage.
The issue I'm more concerend about is this: I told my roommate that whoever she finds, that person will need to write me a check for my half of the security deposit. This is because there is a clause on the lease that states the landlord is not required to give the deposit back until the unit is fully vacated. Fast forward to today. My roommate found someone and I was sent the form I need to sign to get off the lease. This form also has a clause that the security deposit I and the other roommate paid will no longer be returned to me. Instead it will be returned to the new person. I'm fine with that, except the new person has not paid me my full half of the deposit. She only paid half ($500 out of $1000). If I sign this form, she's basically getting my money when they eventually move out.
My old roommate is playing gatekeeper and ignoring my messages to get the rest. The landlord is also being really difficult. I've tried asking her if the new person is technically on the lease if I don't sign this form, because if not then her living in that apartment is breaking the lease terms. She's also being very inconsistent in her messaging about whether I'm already off the lease or not. In one message she said I am, in other she said I am not until I sign this form. She's clearly being evasive and does not want to deal with me.
Do I have any legal protection here? Obviously I want to get off this lease, but I would like to get my full security deposit back. Can I sue the new tennant for the rest? Any help would be appreciated.
Thanks!
EDIT: This is in CA. Another issue is I live in VA now which may make getting legal help difficult.
