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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I have two room mates who have a 12 month lease agreement

Customer Question

I have two room mates who have a 12 month lease agreement beginning in Sept 2016. Room mate #1 gave me notice that she is moving out. She has moved out and left keys. Room mate #1 indicated that she is forfeiting her portion of security deposit. Room mate #2 has a child and said that she was not aware and is still in the apartment as of today. Room mate #2 indicated that she won't be able to afford the apartment on her own and intends on vacating the apartment to move in with family as she does not want her credit ruined or be evicted for none payment of rent. Room mate #2 said she will vacate the apartment by Wed 9/28 so that I can rent the apartment for 10/1. Room mate #2 said she is forfeiting her deposit as well so that she nor I will have problem of none payment of rent for 10/1. Room mate #1 says she wants to discuss with me her options as she feels she has 30 days to change her mind. But according to lease agreement, she has already defaulted on lease agreement by vacating the apartment. Can you advise how I should handle each, room mate #1, room mate #2 and also if I am within legal right to market the apartment for rent if they've both indicated they no longer want to remain in the apartment. Are there any legal issues I need to watch out for?
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 10 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

Both Roommate 1 and Roommate 2 have a misunderstanding of how their rights and obligations work under a lease agreement, and how a security deposit is used.

In order to better assist you in resolving your issue with these two individuals, can you please advise me as to whether or not you are the landlord, or a co-tenant with Roommate 1 and 2.

And, if you are a tenant, do you have a right to sublease or assign your lease under the terms of your lease?

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