mardi 30 mai 2017

Holding Over: Roommate Gave Me 30 Day Notice, Signed Off Lease, but Now Won't Move

My question involves landlord-tenant law in the State of: California.

Hello,
My roommate and I are co-tenants and have been for 2 years. We don't get along and decided to come to a mutual agreement for her moving out. I agreed to give her 1/2 of the deposit so long as she gives me a proper 30-day notice and leaves as stated. We have a written agreement to these terms. On the last week of April she gave me a 30 day notice. She stated that she hadn't found a place to move to yet but was planning on leaving by June 1st.

I took her notice and told her that she needed to let me know by the 15th if she changed her mind. I hadn't heard from her, so I emailed her to confirm her move out date. I reminded her that she needed to sign a release form to remove herself off of the lease and, if she did not do so, I would not be able to make necessary arrangements and could not guarantee giving her 1/2 of the deposit.

She went ahead and signed herself off of the lease (I turned the release form in and confirmed with our landlord this morning). However, she has been very vague about when exactly she is moving. I have found a new tenant and they are expecting to move in by in June. I have asked my roommate repeatedly to let me know when she plans on leaving, so I can prepare the room for our new tenant.

She finally texted me today, 2 days before the end of the month, with a very vague response stating she "hasn't worked out all the kinks" and wants to keep communicating with me about this. I am now concerned that she is not prepared to move out. I do not want to live with her anymore and do not want to take any more money from her. At the same time, I cannot afford the rent by myself and need to make sure it is paid on time.

What are my options? Can I give her a 3-day notice to quit? Or do I have to give her a 30day notice? and if I do, what do I do about not taking $$ from her. Can I refuse to give her the portion of the deposit I agreed to give her if she does not leave when she says she will?

I do not want to loose my prospective tenant because she is not ready to leave by the date she agreed to!

I hope this makes sense. I am happy to offer more information! Please HELP!!


Holding Over: Roommate Gave Me 30 Day Notice, Signed Off Lease, but Now Won't Move

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