If a co tenant vacates and the remaining tenant moves in a roommate, is it a new tenancy or operating on the old one still?

Question

If a co tenant vacates and the remaining tenant moves in a roommate, is it a new tenancy or operating on the old one still?

Anonymous Oct 2, 2015 6 views 3 answers

Vacating Tenant gives short notice and apparently vacates after a new month begins. Regardless rent & keys were withheld until notice to pay was sent as was notice to terminate. Executed a release agreement after notice to terminate that remaining tenant will be operating on the old tenancy and vacating t is released and that security now belongs to remaining tenant. Rent for sept was paid after signing agreement. Remaining Tenant has roommate move in that evening/next day but person may have been there since vacating tenant left or maybe the reason for leaving. No money was ever accepted nor even introduction from this guest/roommate. Is this still the old agreement terminating this month as per release agreement? Or is it a new one now with this unknown individual & remaining tenant?

Steven Smollens · Accepted Answer · 2026-06-15T16:14:27+00:00

Dear Garrison Tenant: You have the advantage since you know the actual written terms of the lease and release. Generally, when one tenant of an original duo, remains in possession without a new lease the tenancy continues as before except there is no co-tenant to share lease obligations and liabilities. You are entitled to a roommate. The roommate is your business alone; not the landlord's. The statute bars the landlord interfering in your relation with and choice of roommate. It is your business only and not the landlord's how much you charge the roommate to rent from you.

Evan Rowe · Accepted Answer · 2026-06-15T16:14:27+00:00

Evan Rowe

Evan Rowe · Jun 15, 2026

I agree with the other attorneys answers; they have provided with you good answers.

0 upvotes

If a co tenant vacates and the remaining tenant moves in a roommate, is it a new tenancy or operating on the old one still?

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