I have a problem with my roommate. The following is the detailed information.

My roommate Mr. J and I signed a lease together, and the lease is from Oct.1 2005 to Sep.30 2006. During the lease term, we have bad experience to live together and I don’t want to live with him for other one year. In middle of June, we received a renewal notice from rental office. Then I and Mr. reached an agreement: I will renew the lease for one other year alone (from Oct.1 2006 to Sep.30 2007), and he will move out the apt at Sep.30 2006. Under rental office’s requirement, on August 1, 2006, I singed the renewal lease by my own. I wrote a letter to rental office to promise to return Mr.’s deposit once he moves out the apt at Sep.30 2006. Mr. J also wrote a letter to rental office to indicate that he will give up the right of renewing the lease and the right of seeking deposit from rental office and will move out the apt at Sep.30 2006. All of these documents are signed and notarized. But now, one week before the time Mr. should move out, he said he will not move out.
His reason is that his new apt will available in Nov.1 2006, and there is one month gap for him. So, he will stay until Oct.30 2006. However, for me, I don’t want to live with him for even one more day and I also already find my new roommate who will move in at Oct.1 2006. I asked for help from rental office and they said it is the issue between Mr. and me. They can do nothing about this and suggest me to bring the issue to court if necessary.

I think I have the right to let him move out at Sep.30 2006, am I right? If so, what should I do next? Based on your opinion, do I have big chance to win the case? Any input is great appreciated!

Thanks!

This may be kind of tricky, since even though he is no longer on the lease the fact that he has been living there for a year may cause some bumps in the road.

Why is your rental office telling you it isn't their problem? Is your new roommate on the lease now or did you sign the lease all by yourself? It really should be up to the landlord to get this guy out. It would be the same as a tenant holding over past the term of their lease when the landlord had a brand new tenant waiting to move in. Try talking to the rental office again, if that doesn't work maybe a call to the sheriff's office to explain the situation and see if they will come and remove him from the property. Does he plan on paying you any rent for the extra month he's staying?

Thanks for your advice!

The factors are:
(1) there is only my name in the new lease. Which means that I sign the renewal lease by myself only.
(2) my roomate decided to give up the right of renew the lease and move out the apartment at Sep.30. All of these are written on letter and signed by him . The letter also is notarized as the lanlord required.

(3) For me, like I said before, I don't like to live with him anymore. I can not bear anymore to live with such jerk. Whether he will pay me or not, it doesn't matter for me. I signed the lease because my roomate wanted to move out. If he don't want to move out, I would rather move out myself, as long as I don't need live with him again.


(4) The rental office insist that they have no such obligation and right to kick him out based on their explaination, which I still can not agree with. But, I don't want to stick on the issue with them now. They are tough!

Well, it's first time I face such situation. And after consulting some experts, I decide to bring the issue to court.

Thanks again for your respond! And any input are welcome.


This may be kind of tricky, since even though he is no longer on the lease the fact that he has been living there for a year may cause some bumps in the road.

Why is your rental office telling you it isn't their problem? Is your new roommate on the lease now or did you sign the lease all by yourself? It really should be up to the landlord to get this guy out. It would be the same as a tenant holding over past the term of their lease when the landlord had a brand new tenant waiting to move in. Try talking to the rental office again, if that doesn't work maybe a call to the sheriff's office to explain the situation and see if they will come and remove him from the property. Does he plan on paying you any rent for the extra month he's staying?