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Home > Law > Real Estate Law   »   Need help fast!

 
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Old Oct 15, 2006, 03:08 PM
Vollie22
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Need help fast!

Ok, this might be a bit confusing, so hold on tight! I am a tenant and am the only one on the lease that I have signed until May '07. I had a roommate move in on the 1st of Sept to stay with me the rest of the time. This was an oral agreement that she would pay half the rent and the utilities for the duration of the time that she was here. After being here for about 3 weeks she said that she didn't feel comfortable here due to the fact the my boyfriend is over for a few hours every night. I followed up with her a week later to see what she had decided and she said she hadn't looked into anything yet. On Mon, 9 Oct she told me that she was moving out on the 13th, only 4 days later. Now she wants her rent money and the security deposit back. My question is, is what do I LEGALLY owe her? Because this was an oral agreement, does she have to give me 15 days notice? Because she only gave me 4 days, oral, notice do I have to give her any money? Please help if you can, I appreciate any advice I can get with this one!


Karla

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Old Oct 15, 2006, 07:11 PM   #2  
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Uh oh... Oral agreements=bad for you. Personally, I think you owe her nothing b/c that was not a good decision on her behalf so you shouldn't have to pay for it. Take her on Judge Judy or s/t. haha.
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Old Oct 16, 2006, 04:49 AM   #3  
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If she was supposed to pay rent to you monthly then she was a month-to-month tenant even though there was no written lease. That means that she had to give you 30 days notice that she was moving.

Since she gave you notice on Oct. 9 she is responsible for the rent until Nov. 9. So if she paid you Oct. rent then she is not entitled to get it back.

As long as she didn't cause any damage to the property then she is entitled to the return of her security deposit after she moves out. The amount of time that you are allowed for returning her deposit depends on the laws in your state but you should be safe as long as you return her deposit within 14 days after she moves out.

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ScottGem agrees: Spot on. Check the "sticky" at the top of this forum to links to tenant/landlord laws for your area. Get a signed lease from your next roomate.
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