Can I demand partial deposit back on a joint lease? I am living in California. I am currently on a joint lease of a house for a little more than two years. The lease is on a monthly basis (used to be a one-year lease but continued as month-to-month). The lease is $5000/mo and the total security deposit is $5000/mo (both tenants paid $2500 each) I am moving out soon and want to give my 30-day notice. My roommate wants to stay and find another roommate. I want to get my security deposit back. However, the apartment has some damage. However, the landlord says that I will not get my security deposit from him. I should arrange with whoever might move in to replace me. That is fine, but the landlord is refusing to conduct an initial inspection. He is also refusing that I get the things fixed myself. I want to know my legal rights (with source). Who, in this case, is liable to pay me my portion of the security deposit? My fellow roommate, the one who (might) move in or the landlord? Can a landlord refuse a final inspection when one party on the lease leaves?
You say that you have a joint lease. This means that you and your roommate are jointly (together) and severally (individually) responsible for fulfilling the terms of the lease. From the landlord's position there is only one tenant - both of you together constitute the tenant. If you want to change this so that the tenant from date X is your roommate and someone else you have 2 options: Jointly give notice, ending the current lease and triggering the return of the deposit. Your roommate and your replacement are then free to negotiate a new lease with its own deposit. The landlord would conduct a final inspection on your lease and an initial inspection on the new lease. With the landlord's permission, substitute the new person for you on the existing lease. This does not end the lease and does not trigger the return of the deposit. The landlord is not obliged to do anything. You can negotiate whatever deal you like about the security deposit with whoever you like.
No All parties must agree to change a contract. On the face of it, the New Tenant has to be “acceptable to both the Landlord and the remaining individual or individuals comprising the Tenant (the Remaining Tenant)”. It goes on to describe what the landlord may consider in making this assessment; there is no such imposition on the Remaining Tenant. However, there is implicit in a contract a requirement that the parties must act reasonably when using discretion. If Remaining Tenant repeatedly rejects every proposed New Tenant then this raises the question of if they are acting reasonably. Have you clearly articulated why the proposed replacements are unacceptable and are those reasonable reasons?
The relevant law in California is here. In your situation, it is presumed (as you both agree) that you have a month to month agreement. §1946 states that A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of that party’s intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; In other words, the landlord has to give you 30 days advance notice to terminate the lease, and you have to give 30 days advance notice to terminate the lease (and it must be written notice). The section continues: provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. which effectively says the same thing, specifically appliedd to month to month leases. There is some leeway on terminating a lease: It shall be competent for the parties to provide by an agreement at the time the tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof. The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. But you would have to establish that there was such an agreement (I assume there was not). §1946.1 asserts that a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his or her intention to terminate the tenancy, as provided in this section. That is, a lease is automatically renewed in your situation unless notice has been given. Moreover, A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination. What you are proposing contravenes this provision of the law – from your description of the facts, you did not give notice 30 days before now. So your obligation to the landlord exists to the end of May. Bear in mind that the law imposes obligations on both landlord and tenant: just as the landlord cannot throw you out without proper notification, you cannot walk away from your obligation without proper notification. §1951.2 addresses breach of lease and abandonment by lessee (you) if a lessee of real property breaches the lease and abandons the property before the end of the term or if his right to possession is terminated by the lessor because of a breach of the lease, the lease terminates. Upon such termination, the lessor may recover from the lessee: (1) The worth at the time of award of the unpaid rent which had been earned at the time of termination; (2) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the lessee proves could have been reasonably avoided; (3) Subject to subdivision (c), the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the lessee proves could be reasonably avoided; and (4) Any other amount necessary to compensate the lessor for all the detriment proximately caused by the lessee’s failure to perform his obligations under the lease or which in the ordinary course of things would be likely to result therefrom. There are, also, no special exceptions about landlords selling their property that allow instant termination. That is, you still owe the month's rent, even though the lease is ending at the end of the month. You could of course ask the landlord to forgive you that last month's obligation. I am assuming that the lease was terminated properly by the landlord. If it was not, the landlord has not legally terminated the lease and it will continue until someone does properly terminate the lease. That might provide incentive for the other party to just forget the last month's rent, but it also might not.
You understand the business of landlording before you get started. You don't landlord for the purpose of evicting someone. You landlord for the purpose of exchanging keys for a duration for money, specifically by creating a leasehold estate that you sell to your tenant. Your tenant has the leasehold, you don't have the money, in part because it sounds like you didn't collect any before you handed over the keys or confirm your tenants' ability and history of paying. You now want to nullify the leasehold. In general this is the eviction you ask about. You are now reliant on a court in your jurisdiction to enforce the contract law with respect to the lease language and prevailing local ordinances. I cannot speak specifically to NY courts but they have a reputation as tenant friendly so you need to demonstrate your professional approach and locally required paperwork such as a certificate of occupancy, business license, etc. All lined up to make it easy for a judge to agree with you. You have an uphill battle. Turning off utilities (as mentioned in another post of yours) is not a professional move and will bias many judges against you. No certificate of occupancy may mean your original lease contract created a leasehold contrary to a public policy of NY which could put a judge in a bind if they found your case compelling. If a competent lawyer would cost $15k then it sounds like it might be cheapest to offer the tenant a couple thousand for the keys and a signed release to walk away&ndash;spend a couple hundred on the lawyer for this. Do not give them the money until they are out and give you the keys. This is called cash for keys.
This guide from Shelter lists the steps you should take. It can be summarised as: if the landlord fails to arrange the repairs, contact your local council. If they can't help, you can arrange the repairs yourself and request that the landlord reimburse you. If the landlord still refuses to co-operate, then you can pursue legal action. It's important that you document everything you're doing, and keep the landlord fully informed at every step. The guide states that you can deduct the cost from future rent. But it also says: You do not have the right to withhold your rent if your landlord refuses to do repairs. If you don't pay rent, the landlord could take steps to evict you. ...so you may want to get expert advice before going any further.
Unfortunately, your relative is more in the wrong here First, the COVID situation does not change anyone's rights and obligations under a contract (see What effect does an event like the current Covid-19 pandemic have on contractural obligations?). So the landlord (through their agent) is obliged to provide the property and your relative is obliged to pay the rent and to occupy the premises (most residential leases contain a requirement for the tenant to live in the premises and not leave it empty). Your relative (through you) has indicated that she will be in breach of her contract. The agent has considered her position and has offered two (IMO generous) alternatives: Allow her to continue with the lease without taking possession providing the rent is paid. To release her from her obligations under the contract and return the rent. To put it in perspective, if your relative simply "walked away", she would be liable for the rent until a new tenant was found and, if that new tenant was paying less rent than she was, the difference for the duration of the lease plus the costs of finding a new tenant - advertising, agent's fees (usually 1 month's rent) etc. Now, the landlord has an obligation to minimise your costs so advertising the property could just be prudent. However, if they lease it when your relative's contract has not been properly terminated then it is they who are in breach. Surely they can't take the rent and offer to re-let the property at the same time? Surely they can. What they can't do is relet the property without properly terminating your relative's lease. Would they even be entitled to retain the deposit under these circumstances? Absolutely. The deposit is to cover their losses if your relative breaks the lease - as she has indicated she is going to do (this is called anticipatory breach). Finally, I'd rather not go down this route but is there any protection for my relative for not being forcefully 'evicted' - since she's paid the deposit, rent - and those haven't been returned? Having never taken possession, she is not being evicted.
You can't give your landlord a "notice to quit" A "notice to quit" is something a landlord gives to the tenant under s8 or s21. Assuming you want to end the tenancy, you would give them whatever notice is required in accordance with the lease. Why the paranoia? Ending a residential tenancy is routine and would not normally land you anywhere near a court. You give your notice, pay your rent, move out and get your deposit back. Is there something going on that you're not telling us? If so, ask about that thing in a different question. The video would be fine as evidence However, it would only be used if there was a dispute over the service of the notice. While this can happen, its pretty rare and your precautions seem ... elaborate. Your landlord's name and address (and yours) will be a public record forever Courts are public, the names and addresses of the parties are a matter of public record (unless you are children, or sex offenders, or have some other reason the court accepts as to why this shouldn't happen). These records are kept indefinitely.
In most jurisdictions, yes, you must give 30 days notice; this is a statutory requirement incumbent on both parties. This (your rental type) is a tenancy-at-will. If you pay rent monthly (on 1st) then this is the period of time required for notice to vacate. In some jurisdictions 30 days is required no matter what intervals you may rent (say weekly), other jurisdictions if you pay rent weekly then a week's notice is all that's necessary. This is In the absence of a rental agreement setting forth another agreed to term. See this question: If no prior contracts have been signed, can a landlord make tenants sign after a week of tenancy? It is not the same but there is some information on this type of tenancy.