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-   -   I did not sign a lease - threatening legal action. (https://www.askmehelpdesk.com/showthread.php?t=107278)

  • Jul 6, 2007, 06:46 AM
    romero_cs
    I did not sign a lease - threatening legal action.
    In November 2006 I moved in with two friends who needed a roommate quickly, I never signed a lease. In May I was informed that one of the girlfriends of one of the house-mates would be moving in so I would have to move out in August. Due to summer vacation plans, that moving date did not suit me, so I moved out immediately (told them of my intentions May 4th, left May 7th, I had paid for all of May). They requested I pay the remainder of the lease until August, I pointed out I had not signed the lease and was thus not obliged to. They then offered for me to pay only half a months rent for each of the 3 months remaining, again I refused stating that I had not signed the lease so was not obliged to. They are now stating that if by the end of August (the expiration of the lease) they will take legal action, specifically, taking me to a small-claims court of retrieve rent for the final 3 months of the lease.

    So, I am asking, do they have a case, and should I pay them?

    Thanks in advance.
  • Jul 6, 2007, 06:52 AM
    ScottGem
    Whether you signed a lease or not, you established residence, paid rent so you became a tenant. Absent a written and signed lease you were a month to month tenant. This means that the tenancy could not be terminated without notice of at least one full rental period. They gave you more than sufficient notice. You didn't.

    Assuming rent was due on the 1st of the month, the law might hold you responsible for the June rental, since you gave notice after May 1st. But you should not be responsible for any rental after that point.
  • Jul 6, 2007, 07:10 AM
    romero_cs
    ScottGem, thank you for you prompt and informative answer. I will pay months rent.

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