Rentals in Santa Monica>Question Details

Cmm, Renter in Santa Monica, CA

I want my roomate to move out!!

Asked by Cmm, Santa Monica, CA Thu May 3, 2012

I live in California with a roomate (that I hate). We are both on the lease and I want her to move out. I have asked her to let me leave and have another person take my place as a renter. The Apartment complex will only allow that if she signs on as well, which she will not do. How can I get her out legally in California? How can I move out and face minimal or no penalties?

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That is a tough situation. If you'd like to evict her, consult with an attorney, eviction laws may apply. If you'd like to move out, then look at the penalties of breaking the lease agreement and talk to the building manager about the exact dollar amount penalties. If you'd like to shoot me an email or call me, I'd be happy to give you a couple of names who can point you in the right direction.

0 votes Thank Flag Link Fri May 4, 2012
Hi Cmm...

Your in a bit of a pickle if your roommate does not want to cooperate. You can vacate the property yourself, however, you are on the lease and if you leave, you and your roommate both would still be liable for the rent, and the condition of the property, and if the rent is not paid, then the landlord may possible start the eviction process against you both, which will reflect on your credit report. You may be liable to pay the lease out up to it's term (ie: one year).

Look at the term on your lease. Are you on a month to month tenancy now? OR still within your lease term? Talk to your landlord. Also call the City of Santa Monica Rent Control and see what they advise.
And as always, speak with an attorney who may better advise you.

You can call the Coalition for Economic Survival at 1 (213) 252-4411 which has workshops for tenants with issues. They work by donation.

Good luck!

Kat Becker, Realtor
Prudential California Realty
0 votes Thank Flag Link Thu May 3, 2012
Even if your roommate moves out, they are still liable for the balance of the lease as they're on the lease. Sometimes a rental company will allow the removal of one renter from the lease if another person is put on lease.

Why didn't your new roommate want to be put on the lease? The rule tends to be that everyone that is living in the unit has to be on the lease and your lease probably doesn't allow sub-lessees (you're the landlord to your roommate).
0 votes Thank Flag Link Thu May 3, 2012
When does your lease expire? What does your lease say regarding an occupant moving in or out? Have you called the owner or management company to discuss this?
0 votes Thank Flag Link Thu May 3, 2012
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