So I'm having a bit of an issue. My lease ends at the end of October, both myself and my roommate are on the lease.
I am moving out with my boyfriend at the end of our lease. My roommate wants to stay at the place. So I gave the rental company my notice saying that I was going to vacate by October 31st. I also told them that my roommate wants to stay. They told me that 1) she has to find a roommate because she does not make enough to cover the rent on her own, and 2) that she has to sign to acknowledge me leaving the lease.

Well, in normal behavior for her, she is in bitch mode. This time it's high level red alert bitch mode. Basically I think she is slowly realizing that no one wants to live with her and that she's going to be shit out of luck at the end of our lease and that she is probably going to have to move back in with her mom. She started to attack me telling me how shitty of a roommate I have been and how it's not fair to her that I'm leaving and I should find a roommate to replace myself.
Well, I asked around if anyone knew of someone looking for a place, but honestly in the last week, I just can't knowingly allow someone to live in that place with her. I would feel awful. Like selling a used car to someone that I knew would fall about in a month. Honestly, it's not my responsibility once the lease is up.

However, here is my question. Since she is now not talking to me and being generally just hard to get to corporate, what do I do if she refuses to sign me off the lease? I mean if the lease is over I should be able to leave anytime I want (with notice) and not be stuck responsible for the lease.
Also, the rental company told me that I could not get my deposit back until the place was vacant, meaning after she left. So do I have the right to expect her to pay me for my half of the deposit?

I don't know, this is a weird situation. I'm also starting to realize why this chick has never had a relationship of any kind last longer than 2 years. I've lived with her for just about two years and I'm over it.

9/23/2015 12:47:58 PM

Once the lease is over, you're done. Go ahead and tell the rental company that you're planning on moving out.

Who paid the deposit? One big check from you or her, or two separate checks for half each? Regardless, you both live in the rental, so their claim that it needs to be vacant (as well as to check for damages) is pretty valid. So you're probably going to have some issues with the deposit, but that's the risk you take with roommates. Just try and get along with her as much as possible and try and make her understand that if she fucks around, she's not going to get the deposit back either.

9/23/2015 12:53:09 PM

Ok cool. That makes sense. We both gave half of the deposit. So I guess if a new roommate comes in behind me I'll ask them to give me their part of the deposit. That way if she stays I don't have to deal with her ever again. I can just take my money and run. If not then I guess I can give the rental company my forwarding address and tell them to mail me my half of the deposit once she leaves.
Although, I might just have to eat it.
She has been so mean to me the past few days I just don't even want to go home tonight. Moving out can't come soon enough.

9/23/2015 2:40:16 PM

You're not going to be able to get a deposit from a new renter...you're not the landlord here. And unless you think your landlord is a saint, you can kiss that deposit good-bye if you leave at the end of the lease and she's still there. Even in situations where renters do all the right things, deposits aren't always easy to get back. Landlords are suppose to go through the entire premises and look for damages...not just your primary room and/or bathroom. With the other roommate there...that can't happen.

Again...your best bet is to mend fences as best as possible and get her the fuck out of there when you leave. Or I guess you could find a new tenant (that your roommate and landlord agrees with), and the landlord can do a cursory search of the rental and give you some/most/all of your deposit back.

I would just look at getting any of that deposit back as a bonus.

9/23/2015 2:50:08 PM

Here's how I would handle the situation. To me, it seems pretty simple.

I would say I am leaving the apartment at the end of October, and want to terminate the lease. If both of you are on the lease, then lease cannot be renewed without both signatures. They (or the roommate) cant force you to sign a new lease, or sign your portion over to a new person. You just have to give the noticed required in the lease itself. If the new roommate wants to stay, make her sign a completely new lease to stay. So when you leave, since the lease was over, you'd get your half of the deposit back.

If she cant stay on the lease herself or find a roommate, well then she should have been a nicer person. It's not like she'd do the same with you. If you tell the rental company to end the lease and she doesnt leave, then they can call the cops and evict her.

9/23/2015 3:04:41 PM

Did I miss the part where the landlord says she gets her deposit back if she finds a new tenant? (seriously, I skimmed the post, so I might have missed it).

Just because you find someone to take over your room, doesn't mean you get your deposit back.

9/23/2015 3:10:23 PM

the new tenant pays you and buys out your deposit, it's not uncommon

i've done it but only after i had the landlord walk and agree there were no issues to date, but the new tenant may not be as vigilant

9/23/2015 3:19:10 PM

Don't you owe me a beer?

9/23/2015 9:29:25 PM

^^

Why would a new tenant have to do that on a brand new lease? You would only do that on a sublease.

9/23/2015 10:02:44 PM

if you are on a lease with someone you get someone else to replace you on the lease, they essentially buy you out of the deposit, and whenever they move out they get the deposit returned by the landlord. when i've done this it has been a way to keep old rental rates since starting a new lease is now at a higher rate.

9/24/2015 8:46:45 AM

But they are not replacing you on the lease...the lease is ending...its over. The new tenant will sign a new lease.

You're talking about a sub-lease. This isn't a sub-lease situation.

It is slightly different because she has a roommate that wants to stay and re-up the lease. And the landlord might agree to this deposit deal...but she didn't mention it in the OP, so I imagine that's not how it's going to be. And if I were the new tenant, I wouldn't agree to that situation. The new tenant will essentially take responsibility for any damages that the previous tenant caused but will still be paying a full deposit.

9/24/2015 9:54:48 AM

Yeah, I mean if I was a new tenant I wouldn't want to come in and pay the full deposit and be responsible for damages not caused by me. I mean my bedroom is fine, maybe some touch up painting and a couple of nail holes, maybe a wall scuff or two. Just normal wear and tear. The common areas are fine from what I can tell. It would be a lot easier if my roommate would just accept the fact that she isn't going to be find a roommate and also move out so that we can leave this place in a much easier fashion.

9/27/2015 10:43:24 AM

Quote :

"But they are not replacing you on the lease...the lease is ending...its over. The new tenant will sign a new lease. You're talking about a sub-lease. This isn't a sub-lease situation. "

no

9/27/2015 3:49:16 PM

Quote :

"My lease ends at the end of October"

Lease is ending. How are you missing this?

9/28/2015 10:12:26 AM

If they are not moving out, it could easily be a lease extension/addendum rather than a new lease

Also sawa could be fucked if roommate stays on after lease, I think she is responsible until the apt is vacated and/or she is officially off the lease.

9/28/2015 4:29:55 PM

LOL, we're all such nerds that we're actually considering the obvious non-situation at hand...

9/28/2015 7:00:46 PM

well?

11/1/2015 9:36:18 PM

Just kiss that $500 goodbye and be glad that the problem doesn't cost more to resolve. I would stay in the apartment until she moves out so she doesn't trash the place in a fugue state and leave you holding half of the liability for damages. FUCK ROOMMATES

11/2/2015 1:06:28 PM

Sorry guys, I guess I could've given you an update.

So I told my landlord, about a week before the end of September, that I was going to be leaving. I gave them a written notice and went and talked to the property manager. She is a really cool lady and she and I chatted about my roommate. Apparently, I wasn't the only one that had issues with her. The property manager told me that she had her things about her from many people on the island saying that she is just a mean alcoholic.

Anyway, she asked what my roommate was doing. I told her that last I heard she wanted to stay. Well she said that my roommate would have to find someone to take my place and get approved to live there before the end of the month. So my roommate had about a week to figure that out. At the end of the week, my roommate still couldn't find anyone so she had to give her 30 days notice to.

Last I heard she actually moved to Raleigh, so y'all watch out!

But here is the best news....the property manager called and told me that they could actually split the deposit check between the two of us so we would both get our half of the deposit back. So it all worked out!

11/13/2015 2:08:15 PM