Hello, we currently live with 3 other people. Our lease is up and majority of us would like to leave. When we tried to give our 30 day notice the landlord told us that it could not be accepted because other people on the lease plan on staying and we would need to pay the rent as long as they stay. It doesn't seem legal to me because the other tenants could stay as long as they want and we would be stuck. I was under the impression that if we left the remaining tenants would need to discuss a new lease and handle that with the landlord. Any help would be appreciated
Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
7y
@Cassandra Ochoa if your lease is up, you probably automatically switch to a month to month lease. If you give proper notice, there should be no problem. You are not bound by any contract at this point so you can leave. Whoever stays will be responsible for upholding the month to month contract.
Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
7y
@Cassandra Ochoa if your lease is up, you probably automatically switch to a month to month lease. If you give proper notice, there should be no problem. You are not bound by any contract at this point so you can leave. Whoever stays will be responsible for upholding the month to month contract.
He did switch us to month to month however when we tried to give our 30 days notice he denied it. But now hearing that it is in fact not true for him to be able to do that we can go forward and get legal representation if needed. Thank you
No haha we are not locked inside. I just was asking for some advice because he did threaten us with an eviction if the remaining tenants didn't leave and didn't pay their rent. I just wanted to make sure.
Flipper/Rehabber · OR · Member since 2019 · 14 posts · 16 votes
7y
Hard to give advice without reading the lease agreement. Maybe reread the lease agreement and that will tell you what your options are.
If the lease is up and new lease has not been signed, then as Jason said it goes to a month to month agreement. But, there again reading the lease agreement would tell you what you can and cant do. The lease may read, that if tenants continue to live here after lease is up then original lease renews.
Read the lease agreement, then tell us what is says and we can figure it out.
Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
7y
It could be tricky , if it is one lease and everyone is on it , and it rolled over to a month to month , if some people stay , you could be held liable for rent and even damages . Now if everyone had individual leases you can just give 30 days .
Flipper/Rehabber · OR · Member since 2019 · 14 posts · 16 votes
7y
Oh, I was typing when you posted you were not locked in. If so then IF you gave proper notice then you are free to leave. Just make it right with your existing room mates and its done.
Rental Property Investor · Phila, PA · Member since 2015 · 276 posts · 111 votes
7y
What does your lease say would happen once the lease reached the end of the term? How much notice was required to terminate after the current lease expired?
Remember that if you leave, all those who remain are responsible for paying the rent-including your portion. As others mentioned, you are also still on the lease, so responsible for any damage that happens after you leave.
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
7y
That's some landlord's strategy for retaining good tenants...be sure you give your notice in writing. If you already have, please - again in writing - advise him that you are not on the lease executed by other tenants and that your departure will commence on the termination date of YOUR lease. That should do it....
Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
7y
@Cassandra Ochoa you gave written notice. Your "lease" renews every month, hence, month to month. When you give notice, you are taking yourself off the next "renewal" which would be the next month. You gave notice, leave.... You are not responsible if you gave proper notice. It's up to the other tenants as to what they want to do
Hello, we currently live with 3 other people. Our lease is up and majority of us would like to leave. When we tried to give our 30 day notice the landlord told us that it could not be accepted because other people on the lease plan on staying and we would need to pay the rent as long as they stay. It doesn't seem legal to me because the other tenants could stay as long as they want and we would be stuck. I was under the impression that if we left the remaining tenants would need to discuss a new lease and handle that with the landlord. Any help would be appreciated
Landlord is out of bounds here. If you're lease terms are up he cannot try to force you into a new lease because someone else wants to extend their lease.
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
7y
@James Wise If it is One lease with three individuals on it, wouldn’t All three have to give notice? This just seems like an inherent risk to each individual when 3 people sign one lease.
@James Wise If it is One lease with three individuals on it, wouldn’t All three have to give notice? This just seems like an inherent risk to each individual when 3 people sign one lease.
If we have tenant A,B and C and they all fulfilled the terms of their agreement I do not see how the landlord could force tenant C to be responsible for extending the lease terms when they gave notice per the original agreement and vacated. At that time it is up to the landlord if he wants to allow A and B to stay and sign a new agreement with just A and B or if he wants to boot them out since C is moving out. It could get sticky if A and B wanted to stay, C didn't and the landlord allowed it but C wanted to get some of that original deposit back. If I was the landlord and A and B stayed I would keep it in escrow still and tell C he needs to work that out privately with A and B as we don't release a final move out notice until everyone moves out and the property goes vacant.
Rental Property Investor · Closter, NJ · Member since 2015 · 884 posts · 722 votes
7y
How does your lease read? Each individual occupant's name, "Joint and Several?" Unrelated occupants on a lease - if some wish to vacate,.but their names are still on the Lease, they are responsible for the terms and conditions of that Lease. All unrelated occupants must terminate the existing Lease, and a new Lease written for those who wish to renew.