We have a bit of a tricky situation: Three roommates moved into a townhouse and signed a lease for the upstairs of the house (three bedrooms = $2495). However, after signing the lease, we decided to take over the entire house and the landlord said she would draw up a new lease for the 4 bedrooms (#3495). Once the landlord drew up the new lease, we had MAJOR problems with what she was asking and told her we would not sign the lease until the provisions were changed. She never changed the lease, so we never signed for the entire house, even though we have been paying $3495 all along.

We have given our landlord 60 days notice to move out, but she is insisting that our lease runs for another 30 days after that and is trying to hold us to paying that additional month's rent of $3495.


My questions are
1) Are we bound to the first lease, even though we verbally nulled the lease, moved into the entire house, and paid significantly more for the whole house that the original lease stated?
3) If the original lease is not negated, can we tell our landlord we will not be paying the last month's rent because we have essentially been overpaying the lease that was signed the entire year (paying $3495 instead of $2495 that our signature was on)?

1) Are we bound to the first lease, even though we verbally nulled the lease, moved into the entire house, and payed significantly more for the whole house that the original lease stated?

Yes. You needed to get something in writing signed by the landlord to nullify the lease. Since you didn't you are still bound by it.



3) If the original lease is not negated, can we tell our landlord we will not be paying the last month's rent because we have essentially been overpaying the lease that was signed the entire year (paying $3495 instead of $2495 that our signature was on)?

No.

You occupied the lower portion on a month-to-month tenancy.