Last Month's Rent: I'm moving out but my roommate isn't
sarah chang
When my roommate and I signed our lease (which is now month-to-month)
we paid our last month's rent in advance. Now I want to move out, and
have given my 30 days' notice, but my roommate wants to stay. I am
claiming that the last month's rent should apply to THIS month. The
landlord is claiming that it does not, since my rommmate is staying.
The lease is in both of our names, so I think that the lease ends when
either of us moves out and terminates the agreement.
A side issue: I am still friends with my roommate and don't want to
get her in trouble with the landlord. On the other hand, I simply do
not have the money right now to pay my share of this month's rent, as
I have already paid down the first month's rent on my new place.
The landlord is threatening to sue for eviction if we don't pay the
full rent by tomorrow.
Who is right: me or my landlord?
And does anyone have any advice?
Thanks,
Sarah
Doc O'Leary
sarah chang <sara...@yahoo.co.uk> wrote:
Mandatory IANAL.
> When my roommate and I signed our lease (which is now month-to-month)
> we paid our last month's rent in advance. Now I want to move out, and
> have given my 30 days' notice, but my roommate wants to stay. I am
> claiming that the last month's rent should apply to THIS month. The
> landlord is claiming that it does not, since my rommmate is staying.
> The lease is in both of our names, so I think that the lease ends when
> either of us moves out and terminates the agreement.
The lease is over when the lease says it's over, not simply because you
want to move out. Most lease agreements will have clauses to cover
such things. Keep in mind that your challenging the terms/validity of
the lease are only going to help your landlord in potentially evicting
your roommate.
> Who is right: me or my landlord?
I wouldn't say anybody is actually "wrong" here. For arguments sake,
lets say rent is $1000/month. For the last month's rent, you and your
roommate each paid $500. The fact that you are moving out does not
change the fact that the landlord still needs $1000 to cover the
(actual) last month's rent. If anything, your roommate needs give the
landlord the additional $500 (likely in the form of covering your rent
for this month) to keep things square. Then, when the (actual) last
month is up, your roommate gets the $1000.
Seth Breidbart
Doc O'Leary <drol...@subsume.com> wrote:
>In article <748gptc7cennqbrcc...@news.supernews.com>,
>sarah chang <sara...@yahoo.co.uk> wrote:
>
>Mandatory IANAL.
>
>> When my roommate and I signed our lease (which is now month-to-month)
>The lease is over when the lease says it's over, not simply because you
>want to move out.
See that bit about "month-to-month"?
>> we paid our last month's rent in advance. Now I want to move out, and
>> have given my 30 days' notice, but my roommate wants to stay. I am
>> claiming that the last month's rent should apply to THIS month. The
>> landlord is claiming that it does not, since my rommmate is staying.
>> The lease is in both of our names, so I think that the lease ends when
>> either of us moves out and terminates the agreement.
> Most lease agreements will have clauses to cover
>such things.
What "such things"? Leases don't generally cover what happens when
one roommate moves out, they are more likely to make all the tenants
"jointly and severally liable" for the rent.
If one person is moving out, she should get her name off the lease,
which means a new lease; hence, this would be the final month under
the old lease.
Seth
Monica's Friend
Association: http://www.nhpoa.org . For a list of landlords, eviction law
or security deposit law in many states, go to:
http://www.nhpoa.org/other.htm . Send E-mail to Gene
<nhpoa...@nhpoa.org> Go figure.
I state opinion. Opinion should always be confirmed with the legal resource
of your choice.
"Seth Breidbart" <se...@panix.com> wrote in message . . .
> If one person is moving out, she should get her name off the lease,
> which means a new lease; hence, this would be the final month under
> the old lease.
If, by implication, you are suggesting that the "last month's rent" should
now be used, you are incorrect.
In the states that have written law governing "last month's rent" (CA does
not. More later.) this amount is used for the last month of tenancy - not
necessarily the last month of the lease. As long as the apartment stays
used, the landlord is under no legal obligation to use the money just
because the lease is ending - or one tenant in a month-to-month situation
chooses to leave. The money stays with the apartment - not the tenant.
Exception: The poster's lease may have contract words that modify this
suggestion.
So, the landlord is probably right - if one tenant is staying, then they
cannot yet use the "last month's rent."
If one tenant chooses to depart, any financial arrangement for deposit or
last month's rent is a matter between the tenants. The departing tenant
needs to give written notice of departure, per the requirements of the lease
or the month-to-month relationship as applies. The departing tenant's
responsibility for rent payment will then end, leaving the remaining tenant
solely responsibly. But also relinquishing any claim to the deposit ot last
month's rent.
With particular reference to CA, the first paragraph of 1950.5 (c) may be of
interest: A landlord may not demand or receive security, however
denominated, in an amount or value in excess of an amount equal to two
months' rent, in the case of unfurnished residential property, and an amount
equal to three months' rent, in the case of furnished residential property,
in addition to any rent for the first month paid on or before initial
occupancy.
In CA, there is no formal "last month's rent" law. The landlord has
received simply a large deposit. Therefore, any use of the "last month's
rent" will be guided by the unique written words of the original poster's
lease. Otherwise, security deposit law applies - returned three weeks after
departure by ALL residents.
Good luck.
Gene