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Updated about 18 hours ago on . Most recent reply

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30
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Ian S.
  • Investor
  • Geographically Confused
7
Votes |
30
Posts

California: Roommate disappeared mid-lease — what’s the clean, simple way to handle

Ian S.
  • Investor
  • Geographically Confused
Posted

I’ve got a single-family rental in California rented to a small group. The “core” tenants have been there since 2022 and have never missed rent. One roommate has basically disappeared. The others are still paying in full and say they’re in touch with the person’s family/social, so not a welfare issue. The missing roommate’s stuff is still in the bedroom and there’s minor bathroom damage tied to them. I hold a normal security deposit.

The remaining tenants are deciding whether to:

Not replace the missing roommate and just keep paying as a smaller group (fine by me), or

Find a replacement for me/my PM (who helps me with tenant turns)  to screen (baseline: 650+ credit, steady job ~2 years, standard app + fee).

I’m looking for simple, practical steps (no legalese) other CA landlords use:

If they don’t replace: Do you just keep the same lease and add a short, plain-English note everyone signs (e.g., “we’re continuing with fewer people; rent and deposit stay the same”), or do you write up a whole new lease?

Belongings: Is it OK to have the remaining tenants box/label and store the missing roommate’s things in the garage (on-site, not thrown away) while I try to get a written move-out date? Anything I should say in writing before touching bedroom items?

Locks: If we get a text/email from the missing roommate saying they’re done and will pick up their stuff on X date, is that enough to change locks after pick-up? Or wait until the lease is updated/ended?

Deposit: If they don’t replace, I’m planning to keep the deposit as-is and sort out damages at the end of the tenancy. If they do replace, do you keep the deposit with me and have the incoming person pay the outgoing person their share directly? Any downsides?

If they do replace: What paperwork do you use that’s short and readable (something like a one-page “swap-in” add-on that says the new person is fully responsible from X date, and the old person isn’t after that)?

Any gotchas I’m missing when a roommate leaves mid-lease while rent is current?

Appreciate any real-world advice. Goal: keep it clean and fair without turning this into a legal marathon.

Thanks!

  • Ian S.
  • Most Popular Reply

    User Stats

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    Greg Scott
    • Rental Property Investor
    • SE Michigan
    5,992
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    Greg Scott
    • Rental Property Investor
    • SE Michigan
    Replied

    How you change the lease largely depends on how you set up the lease in the first place.

    If all of them signed as residents on one lease they are jointly and severally liable for the rent. In this case, they have been splitting the bill as they see fit, and there really is nothing for you to do. They can simply start splitting the bill up a different way.

    If you signed them all to individual leases, such as a lease by the room scenario, you would have a right to fill the last bedroom. But, if they did not want you do do that, you could create an addendum to their original lease modifying mutually agreed terms.

    Regarding the resident's items, you open yourself up to large liability if you give permission for anyone to touch or move the items.  Of course if you have rented the house under one lease, all the roommates have legal access to the property so what they do or do not do with the items is...perhaps best to not know.  If you have been renting units by the room, I'd discuss with a lawyer before proceeding.

  • Greg Scott
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