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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28056
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My lease just expired. I moved out months ago, Terms are now

Customer Question

My lease just expired. I moved out months ago, Terms are now month to month.
My roommate is still there and I want to be taken off the rental agreement and not be held liable. My roommate refuses to move out or sign a new agreement. What do I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good afternoon. You need to advise the landlord that you are vacating and no longer will remain. If you have been there over a year, a 60 day notice would need to be given to the landlord. If your roommate stays, they will be liable for any rent owed. The lease has ended, so the landlord can either allow the month to month or demand a lease be signed. The same goes for you and if that is not happening and you want to vacate, you can provide a 60 day written notice and then move out.

Customer: replied 1 year ago.
The rental property said yes, the lease has ended which automatically rolled into a month to month rental agreement. So if my roommate does not come down and sign the new agreement with just her name on it they said I am still being held liable....
Is that true? If I give them my 60 day notice, and no longer live there does that release me of any liability?
Expert:  RealEstateAnswer replied 1 year ago.
If you provide a 60 day notice you should be able to vacate. You can't be trapped there because the other person does not want to leave after the lease ends
Customer: replied 1 year ago.
They aren't forcing me to live there.. but they are saying my name won't be released form the rental agreement and I will still be liable. Is that true? (truth is I'm already not living there, my roommate has been living there for the past year) So now that the 1 year lease is up... I wanted to take my name off, but the rental office and the roommate are not cooperating... And the roommate won't even come down to the rental office with me to resolve this. I will send the notice that I am terminating the month to month rental agreement by moving out. Will that be the end of my responsibility?
Expert:  RealEstateAnswer replied 1 year ago.
you want to provide your 60 day notice in writing and advise your roommate as well you will be vacating. As I shared your financial responsibility ended once the lease ended and when you give the notice to vacate. You can not be forced to be liable once the lease ends if the other party wants to rent month to month
Expert:  RealEstateAnswer replied 1 year ago.

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Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!