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[legal advice]lease laws and rights

Discussion in 'BBS Hangout' started by The_Yoyo, Jan 15, 2015.

  1. The_Yoyo

    The_Yoyo Contributing Member

    Dec 25, 2001
    Likes Received:
    hey the lawyers folks out here on the bbs

    I wasnt able to find anything online so I figured I may ask the people here who may have more legal resources available to them.

    I live in California to start - I know there are different state laws but here is my situation. My management company gave me two stories but hasnt said which one is correct and said they would let me know and its been over a week now.

    I signed a lease with two friends back in 2011 - it ended in 2012. Those friends have since moved out and I found replacement roommates. One of the replacement roommate had to move out last year due to a family emergency and we had to quickly find a replacement. This replacement - lets call him Pippen, lied to us about who he was, after two weeks of living with him it became clear the type of person he was.

    Since we are all liable for the full amount - he almost didnt pay his share this month we were served with a 3 day notice and then he finally paid. My other roommate and i were going to get ready to pay his share so we could avoid having an eviction on our records - especially one that wouldnt be our fault.

    Now when I first talked to my management company they said since I was the last remaining original signor of the lease when I give my notice and move out that lease is now void. Any people who were added onto the lease that wish to stay there are allowed to but they would have to sign a new lease and go through the standard procedure of a walkthrough and have a new deposit collected while the old one is returned minus any deductions. I gave my notice and started to look for places. I found a place and will sign papers tomorrow but last week when I called to confirm that the lease would end the manager said she wasnt 100% sure and would find out. She has yet to contact me despite me emailing twice to follow up. I know I wont be held liable once I leave, but I do have about $1k on deposit at my current place that I would like to get back (well at least 600 of it) and the way Pippen has been I know he'll find people to fill in my vacant spot but he wont have anyone do any sort of deposit transfer over in my name. The management company does require forms to be filled out whenever a person is removed and a new person is added - one of them is a transfer of deposit and I wouldnt fill that out unless I got my deposit back from the person being added.

    The worst case scenario is if Pippen decides to stay for the month of Feb and not move out or pay - they'll evict just him but they'll use the deposit to pay for the cost of Feb's rent and I'll lose everything.

    So question is - by me giving notice and moving out being the last original signor does the month to month lease become void and a new lease must be signed? We are not any rent control laws in the area


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