Can my landlordrefuse to remove me from as an occupant of the premises if my roommate stays andI move?

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Can my landlordrefuse to remove me from as an occupant of the premises if my roommate stays andI move?

I am in an apartment with a roommate; our lease that expired in 2006. We are currently on a month-to-month tenancy. I am relocating because I will be getting married soon. I informed my landlord, and was told that I could leave, but my name would still be listed as an occupant. So if future damages are made after I have left I will still be responsible. I paid no deposit, my roommate paid all the move in costs, and I told him that I would waive my rights to any deposit. The landlord said I may still not be removed. Is there anything I can do to protect myself or get my name removed?

Asked on April 13, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You say you are on a month-to-month tenancy and there is no in-force (not expired) written lease. If that is the case, you may terminate your tenancy at any time on 30 days notice. When you tenancy is over, after proper notice, it is over--you can't be listed as occupant; you can't be held responsible for damages caused or incurred after the expiration of your tenancy; and if you had a security deposit, it would have to be returned (less any amounts properly deducted for repairs or previously unpaid rent). The landlord has no choice in the matter; if he tries to sue you for damages after the end of your tenancy or otherwise take action against you, you'd have to defend yourself, but based on the facts as written, if you gave proper notice, you should have a very good defense. Good luck.


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