I moved out of an aparement yesterday which I lived in with my friend. I never signed a lease, nor was I even given anything to read before I moved in. Now my old room mate and landlord claim that I am on a lease even though I didn't sign anything and that I need to continue to pay even though I don't live there. How is this possible?
I'm not sure if this will help my case, but the reason I moved out is because I basically was confined to my room; if I ever tried to watch a movie in the living room they would get extremely upset and not talk to me. They also left me 3 threatening notes and a text message; could I turn around and sue them for harassment?:confused:

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Originally Posted by curious_renter

I moved out of an aparement yesterday which I lived in with my friend. I never signed a lease, nor was I even given anything to read before I moved in. Now my old room mate and landlord claim that I am on a lease even though I didn't sign anything and that I need to continue to pay even though I don't live there. How is this possible?!
I'm not sure if this will help my case, but the reason I moved out is because I basically was confined to my room; if I ever tried to watch a movie in the living room they would get extremely upset and not talk to me. They also left me 3 threatening notes and a text message; could I turn around and sue them for harassment?:confused:

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If they are claiming written lease and you are saying no written lease, don't pay and let them sue you. They'll have to bring their proof to Court. If it's a lease and they prove it you could be liable until the lease ends; if it's a month to month you could be liable for a month, depending on how much notice you gave.

I wouldn't sue them for harassment - hard to prove and what are your damages? I'd wait and see what they do first.

(Did you report the threats to the Police or are you thinking harassment because they are saying you owe them until the end of the lease?)

Hello c:

If you had nothing signed, and you paid your rent monthly, then you're legally considered a month to month tenant. Therefore, you needed to give 30 days written notice. You didn't. The worst that can happen is that you'll be responsible for another 30 days rent. If you paid a deposit, what you owe can be taken out of that, assuming you didn't cause any damage.

Assuming you paid your Nov. rent, send him a letter giving him your 30 day written notice, and include the rent for December. If you can't pay December rent, send the letter anyway, and tell him when you'll pay - cause you do owe it. If you don't pay, and he sues you for it, you'll lose. Send your letter certified, return receipt requested. Send another copy by regular mail.

Texting messages and notes are NOT harassment.

excon

Yes, there is a damage deposit that would cover more than half of the rent for a month. Would I have to pay for the entire month of dec or just up until the 21st since I moved out 11/21 and 12/21 would be 30 days? As for the lease, I have no idea what that is all about because I was never given anything to read, so is it still a "lease"?

Hello again, curious:

If you paid your rent on the 1st, then your notice will be effective the 1st, and you'll have to pay for the entire month.

If you didn't sign a lease, then you're not a leasee. Your ex roommate MIGHT be a leasee, but you're still a month to month tenant.

excon

Would finding a room mate to replace me take care of me paying for the rent? In other words, can I just have someone else move in and pay the rent rather than me pay it and not living there?

Hello:

If you can by the deadline, and if they're suitable to the roommate, sure.

excon