> Month to month lease tenant leaving.?

Month to month lease tenant leaving.?

Posted at: 2015-03-04 
It sounds like there are multiple people on the lease. So the owner and your roommates would have to agree to do a new month to month lease without your name on it. which means it doesn't necessarily need a 30 day notice to the landlord. Remember, since there are multiple people named on the lease, you and your roommates are a de facto partnership, meaning, each of you are agents of the other roommates. So if one of you tells the landlord you're moving, it is as if all the roommates gave notice. Now to the deposit, that is entirely between you and your roommates.

You have to wait until they all leave or get your roommates to pay you back for your portion. Landlords do not divide out the rent or deposit among roommates. The deposit must remain with the landlord until all roommates move out. Also, you need to make sure your remaining roommates and landlord approve your leaving. Even though you are month to month, the landlord and all roommates must approve any changes to the lease including removing you. You can't just give your personal 30 day notice.

Frankie is partially correct.

You can give your thirty day notice and move, but the LL will not refund the deposit until your soon-to-be former roommate moves. The roommate will have to refund you your portion of the deposit.

Frankie is wrong. Given that you are all on a month-to-month lease, if you want to leave, this means that you all leave or your roommates pay your share of the deposit.

I would like to move out of my apartment as my roommates and I just aren't getting along.

We are on a month to month lease, so it wouldn't be terminating the lease early as I will give thirty days notice. My issue is that I want my deposit back, however they are staying here after I leave. Would I be able to get it back shortly after I move out because it is a month to month lease?

They blame my dogs for everything and I am sure all of my pet deposit will be gone despite their two cats causing a terrible mess. But my regular deposit was quite a hefty sum. I am just curious if I am entitled to it, or do I have to wait till they move out too?