Roommate refuses to sign letter of release in California?

Question

Long story short, I am planning to move out of my apartment to save up some money for school. I have renewed a lease back in February (deadline to renew at same rental rate) and this new lease starts September 1st, 2007. I have notified my roommates of my intent to move back in June, and have took care to find a new roommate to take over my lease.

Management at first did not say that they required it, but later on says that they need a letter of release signed by all roommates to release me from this lease and add the new renter on. One of my roommates refused to sign this letter. The only reason she offered was "I don't know this new person". I then offered to set up a meeting with the new renter and my roommate refused to meet this person twice even when new renter drove 3 hrs and showed up in person to meet her.

Also her rent check bounced and she denies responsibility for it.

Anyway we can do right now in terms of getting her signature or getting out of my lease?

Thanks!!!

Yup, guess it's pretty hopeless. This was a good friend, actually we're the closest in the unit and are good friends up until the day she suddenly decides to not sign for no reason. I don't think any amount of life experience can prevent that.. you just don't expect that from a friend.

Thanks for the contributions.

Answer 1

OK, a couple things...

1. There is no way to get out of your lease unless all signing parties sign the release. You cannot force her, you cannot make her, you cannot find a new friend, there is no way off unless she signs. You CAN just leave and stop paying, but if your roomates do not make up the difference and pay the full rent, they will get evicted, and your name will ABSOLUTELY be on the court documents and the eviction papers.

2. Trying to add someone new to the lease is the same deal, if your fellow leaseholder does not sign, the new person is not a resident. They may live there illegally, but if your manager finds out she can ask you to move for cause or file a 3-Day Notice to Perform or Quit and put you in eviction for it.

3. It does not matter if anyones rent check bounces, the eviction will be in all of your names. Let me explain:

If persons A, B, and C sign a lease together for apartment #101, the complex does not care if they receive party A & B's money but not party C... they only care that they did not receive the full rent for Apt # 101 collectively. You are not 3 people, you are a single apartment. The moral of the story here is DO NOT SIGN A LEASE OR ANY BINDING LEGAL DOCUMENT WITH ANYONE YOU CANNOT TRUST... As a manager I see these situations go bad EVERY SINGLE WEEK. What always happens is either you all get the eviction on your record or the one responsible person ends up paying off the entire amount on thier own.

If you do pay all the money you can take your roomate to small claims court to make up the lost rent, but you better have damn good records and be able to prove it.

Answer 2

Well, CA is different from other states. The PPs comments do not necissarily apply.

You did sign a lease. You are responsible for that. However, your roommates and your LL are required to mitigate their damages. That means that they have to try to find a new roommate or pay the balance themselves. You found someone new so you are off the hook.

You can move out. However, you run the risk that your current roommies may not pay the full rent. As the PP mentioned, if an eviction happens you will be named and your rental history ruined.

I suggest you move out. Tell your roomies they need to find someone new to take your place or pay your way. If they fail to do either and eviction proceedings take place you should pay your way. Once your lease has expired you can sue your roommates for all of the rent you paid while you were not living there.

Well, GL. If you need more specifics for California just send me an e-mail through my profile. GL!

Answer 3

Nothing really. You signed a lease, remember? You don't get to just walk away from it. Consider this a life lesson!

Answer 4

if she's not on the lease she can be kicked out by you or the main signer of the lease..if she refuses...just throw her **** out when she's not there til she whats to sign or just moves out