Giving landlord notice of leaving, etc.

Giving landlord notice of leaving, etc.

Bolton, CT · Member since 2012 · 1 post · 0 votes

I am new to this, but hope to find an answer.
I moved into a 1 bedroom apartment with my boyfriend Feb 1 2011. We signed a 1 year lease, both our names went on the lease, and we stayed through Feb 1 2012. We are now on a month to month lease, never was given anything to sign, but this is stated in the original lease that after the 1 year, we'd be month to month.

Fast forward to now, things aren't working out and I need to move out. I don't have my lease in front of me so I need to determine if I need to give 30 days notice from the 1st of the month (when we pay rent) or if I can do it any time. Obviously, I am wanting to do this in the best way possible and not have any problems, and the lease does state 30 days notice is required. I called my landlord yesterday to verbally tell him that I would be needing to leave and what needed to be done to get my name off the lease. He didn't say anything about doing it on the first or what not, but either way, I'm giving fair notice. He started asking personal questions about why I was moving, if things were "bad" between my boyfriend and I, which I think is totally out of line. He started saying that this was going to be a problem, that my boyfriend would need to re-negotiate the lease terms and all that. But what does that have to do with me?? If I give him "official" 30 days notice on June 1 (it's May 18 today), can he legally hold me there if my boyfriend doesn't want to sign a new year lease, which my landlord said he may make my boyfriend do.

I just want to be sure I'm doing this all the right way. Landlord has always had an issue with the fact that we weren't married, said that when we gave him the security deposit, and i feel like he's giving me a hard time about it.

Advice??

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    14y

    First, you can't just "get off the lease". The lease is between you AND your boyfriend and the landlord. The both of you can give notice and move out. Exactly when you can leave depends on local law and the lease. If it was me you were calling, I'd take it as notice you were leaving on June 30, because that's the way my lease is written and I know this is in compliance with CO law. Your situation may be different, but you need to review the lease.

    Seems like, though, that you want to move out and be off the lease but your boyfriend wants to stay. Now, the reality is one roommate moving out happens all the time. Officially getting of the lease is a different matter. If it took both of your incomes to qualify for the apartment, then landlord isn't going to allow the boyfriend to stay by himself. If the boyfriend can qualify on his on, then no problem for him to stay. You and your landlord probably have some idea of the situation.

    So, no, the landlord cannot force you to live there. But he can refuse to let you off the lease unless both of you give notice and move out or the boyfriend can qualify on his own and signs a new lease in his name only. And if your boyfriend stops paying the rent, the landlord can come after you for the rent and can file eviction against you (even if you're not there).

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