My lease is up on the 30th of this month. The 30 day notice was put in on the 1st in writing. My abusive roommate is trying to make things difficult for me thinking that if he lingers on in the apartment after I go.There is one key to the apartment left & it is my key. I'm turning it in on the 30th when I leave with the movers. My roommate seems to think that he can prevent me from be able to move out by him staying . He said that he knows the law and that he can stay for 30 days more until he gets kicked out. I'm wondering if he can break the 30 day notice a few days before I'm to move out. I can't afford to live at the apartment and he has not worked in the past two years. I have had to pay all of the rent and electric because he wants a free bee. Can he make trouble for me in any way. I'm concerned. First he's ok with it and then he says he's thinking of new ideas and the latest is that he thinks he can complain and make me stay and say he wants to undo the 30 day notice to leave thinking that I will be ordered to stay! If I want to leave on the day my lease is up, I can right ?? Or can he make trouble for me ??
Answers & Comments
You can move out anytime you wish during your 30 day notice without difficulty as long as your rent is paid up.
Make sure you are clear with the landlord that you have moved out so that he can't come after you for unpaid rent and damages caused by your roommate.
Your roommate obviously doesn't know the law.
He cannot make you stay. Talk to management & let them know what he is saying... Are you both on the lease?
Are you on the same lease, or do you have separate leases?
Or are you subletting?
He's right that if he refuses to move, it will likely take 30 days or more for the landlord to evict him, but that shouldn't affect you. You can move out on time.
You need to contact your landlord first and explain the situation. He can technically stay until an unlawful detainer is sought in court, and then he will have to deal with local law enforcement (Grab a towel and toothbrush and GTFO)
Let him make his own bed, but make sure you speak with the L.L. Perhaps they/she/he/it wtfever will cut you some slack. In any case, I wish you the best of luck. Renting with others is no picnic.
If his name is on the lease then he could refuse to sign the notice to vacate (but since you already gave notice it's too late for that, I suppose).
I'm guessing his name is NOT on the lease based on the sort of person he seems to be, however. In that case he can not make trouble for you. Once you leave, and do so in accordance with your previous lease agreement (i.e. give notice, leave the apartment in good condition, etc.) then he has no rights to the space whatsoever. He is a squatter if he tries to stay - he can be kicked out without notice.
You obligation ends upon final walkthrough, so make sure you schedule a final walkthrough with your landlord for the day you leave. This way your landlord can see that the apartment was left in good condition and you can get your security deposit back (hopefully).
If you are worried that your roommate might cause damage to the apartment before the walkthrough, then I suggest you get the police involved immediately. Tell the person they are no longer welcome in your home and you would like them to leave. When he doesn't, call the cops. This can establish the person an intruder if/when he causes damage to the apartment, which might allow you to get your deposit back (or file a claim if you have renters insurance).
Protect yourself. Don't let this douchebag squeeze more freebies out of you at your expense.
Tell this to the landlord so they don't think your in on this and tell them to have the sheriff come to evict him if he refuses to go.
You should be OK even if he is in the lease too.