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SBoothby

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Posts: 2
Reply with quote  #1 

I have 2 young tenants on a lease, Tenant A and Tenant B.  They've rented it for 2 years, with the original 1-year lease defaulting to a month-to-month lease after the first year.  Neither tenants were financially stable enough to sign the lease on their own, so tenant A's parent cosigned.  Tenant A just gave 30 days notice that they are leaving.  Tenant B would like to stay and has some potential roommates to take over Tenant A's spot, however Tenant B is not financially stable enough to sign a new lease on their own without a cosigner.  I'm basing this on Tenant B's original credit check and consistently late payment of their portion of the rent over the past 2 years (12 days late on average, with several instances of 3-weeks late).

Questions:  Since Tenant A is moving out, and Tenant B signed the lease together with Tenant A based on Tenant A's parent's financial responsibility, then I assume that original lease is terminating and no longer applies to Tenant B?

I do not wish to continue the lease with Tenant B due to the constant late payments.  Do I have any obligation to allow Tenant B to continue a new month-to-month lease or can I terminate their current month-to-month lease as it terminates with Tenant A and the co-signed parent?

In other words, can I give Tenant B the required 60-days lease termination notice?  If Tenant B were to re-apply to rent the apartment, even with financially stable co-tenants, I would not accept Tenant B on the lease.

This a non rent-controlled apartment in California. 

DenverGuy

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Posts: 12
Reply with quote  #2 
60 days seems like a long period of time for giving notice.  Why so long?  Why did tenant A only give you 30 days notice?  Who is responsible for rent - are they named jointly and in severalty?  Why were you so relaxed about non-payment/late payment of rent?

I think you answered a lot of your own question in your second-to-last sentence.  On a month-to-month lease you can end it with proper notice.  No explanation needed, and nothing complicated about it.

LienOssi

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Posts: 2
Reply with quote  #3 
From what I understand CA required landlord to give a 60 day notice to tenants who lived in a place more than 12 months. 

If 2 tenants signed a lease together, I say they are in collectively responsible, one goes the other goes.
LLinVA

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Posts: 227
Reply with quote  #4 
Unless the state says otherwise, I would think many courts would say that unless the lone tenant fails to pay rent you can't automatically end the lease. If your lease says they must then apply for a new lease that is different.

Most important thing is that it is now month to month, so just end it based on that.
OHlandlord

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Posts: 3,737
Reply with quote  #5 
Yes, you can terminate the lease of the other tenant. This is a non rent controlled unit. They are no longer under lease, and are just month to month tenants. Give the required 60 day notice and ask them to both vacate. In future do not accept separate portions of rent. Require that either tenant pay the rent in full when it is due. Each tenant is severally and jointly liable. No partial rents may be paid. Only one rent in full from either party.
SBoothby

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Posts: 2
Reply with quote  #6 
Thanks for the replies everyone.  That answers all my questions.  I also got confirmation from a real estate agent friend.

I explained to the tenants that they are considered one entity on the lease (jointly and severally) so that if one gives 30 days notice and terminates the lease for themselves, they terminate it for both of them, and if the other wishes to stay, they'd need to apply for a new lease.  The other tenant decided to not to apply for a new lease, so both will move out at the same time.

If I (the landlord) wanted to terminate the month-to-month lease on my own accord, I'd have to give 60 days notice.  But since one of the tenants is giving 30 days notice to terminate on their accord, their decision is considered a joint decision for all parties signed to the lease.  Because the lease applies to all parties as a collective whole, any one party terminating the lease terminates it for all.
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