revolving tenancy advice

[lmelot]

What is the name of your state?What is the name of your state? CA

my roomates and I live in an apartment in San Francisco. Our landlord bought the building last year and has been wanting to make us sign a new lease but we have not gotten around to it. The LL has made the new roomates fill out an application upon move in. We've always had an agreement that the deposit is refunded to the person who moves out by the person who moves in. One of the roomate now wants to leave and has given 30 days notice but will not pay this month's rent but instead wants the LL to take it out of the deposit (even thought the old lease specifies that deposit can not be used as last months rent) or wants an assurance that the LL will refund the deposit instead of waiting until a new person moves in. Are we liable for her part of the rent if the landlord refuses to withold this months rent from the deposit?

 

[AGross]

I'm not a lawyer, but I will bet that one of the first questions one of the more experienced people here will ask is:

"Is the contracts signed together or seperately?"

Together - your probably screwed, Ive had this situation before, luckely, the land lord was nice and separeted "US" from "THEM". perhaps having a talk with the LL might help.

Separetely - its not your lease thats broken, its your ex roomates. what are you worried about? still speak with the LL to maintain good relations

 

[HomeGuru]

What is the name of your state?What is the name of your state? CA

my roomates and I live in an apartment in San Francisco. Our landlord bought the building last year and has been wanting to make us sign a new lease but we have not gotten around to it. The LL has made the new roomates fill out an application upon move in. We've always had an agreement that the deposit is refunded to the person who moves out by the person who moves in. One of the roomate now wants to leave and has given 30 days notice but will not pay this month's rent but instead wants the LL to take it out of the deposit (even thought the old lease specifies that deposit can not be used as last months rent) or wants an assurance that the LL will refund the deposit instead of waiting until a new person moves in. Are we liable for her part of the rent if the landlord refuses to withold this months rent from the deposit?

**A: yes........read the CA L/T law and the lease.

 

[HomeGuru]

I'm not a lawyer, but I will bet that one of the first questions one of the more experienced people here will ask is:

"Is the contracts signed together or seperately?"

Together - your probably screwed, Ive had this situation before, luckely, the land lord was nice and separeted "US" from "THEM". perhaps having a talk with the LL might help.

Separetely - its not your lease thats broken, its your ex roomates. what are you worried about? still speak with the LL to maintain good relations

**A: incorrect information.

 

[lmelot]

we have not signed a lease. That roomate moved in only a month ago and we were in the process of deciding what kinda of lease we were willing to sign. At this point, on the old lease only one out of the four roomate is on it. Does that make a difference?

 

[HomeGuru]

we have not signed a lease. That roomate moved in only a month ago and we were in the process of deciding what kinda of lease we were willing to sign. At this point, on the old lease only one out of the four roomate is on it. Does that make a difference?

**A: no, since tenancy is legally created via occupancy and not solely on a signature on a lease document.