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Termination of Lease

I signed a month to month lease with my landlord. I am the only person on the lease although I have two room mates. I have given my 30 day notice to the landlord and last month rent is paid in full. I also provided each of the room mates with a written 30 day notice and hand delivered them. The issue is that one of the room mates is under the impression that she can continue to stay in the apartment after I have vacated and "make the Landlord evict her". Is she correct when she never had an agreement with the landlord? I was essentially her landlord and now I have terminated the lease.

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Submitted Mon, 07/24/2017 - 14:20

When you are the only person on the lease, and you have roomates, you become their landlord. This means that in order to validly terminate their lease, you had to give them 30 day notices AT LEAST 30 days AND one full month before the time you want to terminate their lease. For instance a notice delivered on the 1st of the month (say July 1st) is not effective until the end of the next full rental period (so August 31). If you didn't properly give them notice, they still have a valid agreement. If you leave, the landlord will then have to terminate their tenancy and evict them. Additionally, as long as there are renters there who are sublessees of you (your roommates) you will be responsible to the landlord and not able to "give your notice." You can't legally terminate your own tenancy, until YOU evict your roommates.

Atty. David Owens
Grolman LLP

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