Nowâ€¦you have moved outâ€¦apparently prior to the expiration of the lease. However, the lease is up today. The landlord wants you to sign a new lease. You do not want to do so.
Your former roommate is still occupying the property. It is not clear to me whether your former roommate is willing to negotiate a lease in their own name. Would that person qualify on their own? If so, I think you would no longer be responsible as a guarantor. You say the resident has been there two years but has no credit history. Who has been making the lease payments? Does the resident have proof of paying their share of the lease?
If there is no lease renewal, what happens? What does the original lease say? If the lease converts automatically to a month-by-month rent and the resident does not move out I think you are still bond by the contact you signed. You cannot unilaterally change the conditions of the original lease. If your former roommate defaults on the lease you must remember that you name is still there as the guarantor.
Take Steveâ€™s advice and contact the professionals for guidance.
Trevolyn has provided a key source in obtaining answers to your questions. The City of Fremont contracts with Project Sentinel's Fremont Fair Housing and Landlord / Tenant Services to provide information to landlords and tenants regarding their rights and responsibilities. No matter anyone posts your best FIRST MOVE is to contact Project Sentinel and if they are not able to help resolve the issue, an initial consultation with a Real Estate Lawyer.
Commenting on your post:
"I was guarantor for a resident on a apartment lease where I was resident too. I moved out and I longer want to be the guarantor. The Apartment office and sent me an online lease renewal and expecting me to sign as guarantor for next lease. I have communicate via email about my reluctance. The office replied back stating as long as the resident in subject occupied the unit, I continue to remain the guarantor unless either the resident or rental office signs a new lease with new guarantor."
First of all, it's a bit difficult to comment since we are not aware what the actual lease states. I assume you are aware you probably remain the Guarantor until the original lease terminates subject to any lease verbiage extending the timeline - which may or may not exist in your original lease.
Sounds like you vacated the leased property before the lease had expired, yes? Is so, I believe you would then still maintain the duty of guarantor nonetheless.
"The office replied back stating as long as the resident in subject occupied the unit, I continue to remain the guarantor unless either the resident or rental office signs a new lease with new guarantor."
It's typical for leases to convert to a month-to-month when a lease term expires. See page 65 of this Doc: http://docs.steven-anthony.com/Landlord-TenantGuideCA2012.pdf
"Is this true ? if that is true, what options do I have to remove myself as guarantor if resident in subject refuses to do it. Apartment office and no issues in changing if resident can find the guarantor. PS: The resident been living in that community for 2 years or so but do not have credit history hence needs guarantor."
Contact Project Sentinel for guidance! You clearly do not want to remain as Guarantor; however, the solution of vacating this duty might drastically affect the remaining resident.
You should be able to get an inexpensive or even free consult with an attorney. Check with one before you make another move on this.
However, you should continue talking with the current tenant and insist they make a new lease (without your name) with the apartment manager. Send a letter to the apartment office so you have proof of your request and past actions.
Contact one of the tenant rights associations in your area for help & here a few links: