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My roommates signed a new lease while I was deployed. I didn't sign it.

San Diego, CA |

The leasing office didn't bring this up until a few weeks ago. Now they want us all to sign a completely new lease. We don't want to. We are all planning on moving as soon as we are able to. Since my signature is not on the new lease, am I still responsible to the lease my roommates signed or can we all leave the apartments without putting in the 30 day notice? The apartment was mine originally. I lived there alone before either of my roommates moved in. Thank you for your help! :)

Oh, and the current lease without my signature expires in June I believe.

Attorney Answers 4


  1. If you did not sign a new lease, you are still there under the old one. Neither the leasing company nor your roommates had any authority to commit you to a new lease.

    The leasing company is in a bit of a pickle. It could give you a 30-day notice if you don't sign, but it can't do anything about your roommates until June. On the other hand, it can't force them to sign a new lease until then.


  2. Agreed. Once the old lease expired, you are now operating under a month-to-month lease with them on the same terms as the expired lease. If you are required to give them notice under the old one, then you may be obligated to provide notice but not longer than 30 days.

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.


  3. If I am understanding the situation, your old lease expired while you were deployed. For you, the lease converted into a month-to-month tenancy. If you do not sign the new lease, the landlord would have to give you 30 days notice to terminate your tenancy unless you lived there more than a year, in which case they would have to give you 60 days notice of termination of tenancy, although you would only have to give them 30 days if you chose to end your tenancy.


  4. Take both leases to your base legal office and speak to one of their attorneys. They should be able to resolve the issue.

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