Can a landlord refuse to release me from a month-to-month leaseif my roommate is keeping the apartment?

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Can a landlord refuse to release me from a month-to-month leaseif my roommate is keeping the apartment?

My roommate and I have been on a month-to-month lease. I need to move out, but my roommate is staying. He can cover rent on his own, but his gross monthly income is not 2.5 times the rent. He’s getting another roommate whose credit/rental history is questionable, but does have enough income. Can I be denied tenant release based on whether or not my roommate and this other person qualify?

Asked on January 13, 2011 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are on a month to month lease, you may end your tenancy on one month's notice whether or not your roommate stays, can pay for the apartment, can find another roommate who can qualify, etc. A month-to-month lease means exactly what it sounds like: either party--that is, either the landlord or a tenant--can end the lease and the tenancy on one month's notice. So unless there is something in writing otherwise binding you or guaranteeing rent, etc., you can provide one month's notice (do it in writing, in some fashion that you can prove delivery) and then terminate the tenancy as to yourself; your roommate will then need to figure things out on his own.


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