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gdblades23 · Mar 24, 2009, 08:40 PM

I moved into an apartment last year.I share it with three others.We all share the rent but only one girl is on the lease.The lease is in her name and she is the only one who signed it.Now 10 months later she decides she wants me out.So I'm moving out.She says I owe her for the last 2 months still.I never signed anything that said I would pay the rent even if I left.She says well we had a verbal agreement that I would pay for the full year.I said yeah but only if I still was living here.But I'm not cause she kicked me out.Why should I pay if Im not living there?So she is threatening to take me to court.Would she have a case in court?If I'm not on the lease for an apartment am I responsible to pay rent without a signed agreement?

LisaB4657 · Mar 25, 2009, 05:56 AM

Verbal agreements for leasing property for one year or more are not legally enforceable. Also, she's the one who is terminating your tenancy so you don't owe her anything after the date you move out.

ScottGem · Mar 25, 2009, 06:02 AM

She can't have her cake and eat it too. She is your landlord because the apartment is in her name. If she wants to evict you, she has to do it correctly. Which means she has to give you 30 days notice. If she hasn't given you notice, in writing then you don't have to leave. If she's kicking you out you may have a case against here for illegal eviction.

WesttownNance · Mar 30, 2009, 08:52 AM

If you agreed to pay the rent while you lived there, she will have a case. If you have anything left in her home, or you have had someone in authority go with you to the house to retrieve your stuff, she will have proof that you did live there. No matter what type of lawyer you may have, your best offer would to be just to pay the rent you owe, in order to avoid extra costs.
Another matter you have to worry about is the REASON she is trying to evict you from her home. If she has enough evidence and reasons as to why she wants you to leave, the judge may side with her.

LisaB4657 · Mar 30, 2009, 09:53 AM

Originally Posted by WesttownNance

If you agreed to pay the rent while you lived there, she will have a case. If you have anything left in her home, or you have had someone in authority go with you to the house to retrieve your stuff, she will have proof that you did live there. No matter what type of lawyer you may have, your best offer would to be just to pay the rent you owe, in order to avoid extra costs.
Another matter you have to worry about is the REASON she is trying to evict you from her home. If she has enough evidence and reasons as to why she wants you to leave, the judge may side with her.

I don't understand your response. The OP does not owe any future rent because her landlord has terminated her tenancy. The fact that there is proof she lived there is irrelevant. The reason for the eviction is irrelevant. As long as the OP moves out her landlord can't sue for rent that would have come due after the termination. In addition, the OP may be able to sue her landlord for illegal eviction since she was never given proper notice.

ScottGem · Mar 30, 2009, 01:45 PM

Originally Posted by WesttownNance

your best offer would to be just to pay the rent you owe, in order to avoid extra costs.

I agree with this statement. What I don't agree with is that she will owe anything after the date she vacates (or the end of that rental period). That's why your response doesn't make sense.

And Lisa is correct that the reason for termination has no bearing beyond justifying asking her to leave.

The main fact here is that the landlord terminated the lease by telling her to vacate. Once she did that, any obligations on the part of the tenant ended as well.