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Rei90 · Oct 11, 2011, 03:30 PM

I had moved into an apartment with a man who was the tenant of the apartment (the leaseholder) but because of the uncomfortable situation between us and because the apartment was EXTREMELY small, I felt I had no choice but to move out without 30 days notice. My rent was $600, so me and him split it for the next three months which we paid at once. So I paid $900 in advance, and he paid $900 in advance as well. My $900 covered Oct (this month), Nov, and Dec. I am not living there for the rest of this month (Oct) and was wondering if I decide to bring him to court for the $600 left over, what the outcome would be. This was my first apartment and I basically did not know anything and we didn't have any written or oral agreement as to what would happen if this situation occurred since we had no clue it would occur. Any help is appreciated.

ScottGem · Oct 11, 2011, 04:00 PM

You mean the total rent was $600? ANY question on law needs to include your general locale as laws vary by area. Depending on local laws will dictate how much notice you had to give. Which will dictate how much he can keep of what you paid.

Rei90 · Oct 11, 2011, 04:04 PM

I live in Oregon. I was not made aware by my master tenant, or the manager's office, how much notice I had to give or how much I can keep of what I paid. Also another important note I should add is that the master tenant is refusing to give me back my $600. He said the queen sized bed was $400 (he gave it away, when he could have sold it, that was purely his decision), and he estimated groceries were about $200 (again, every shopping trip we took he INSISTED that he pay for food, so that again was his decision).

ScottGem · Oct 11, 2011, 04:12 PM

In Oregon you have to give 30 days notice. You don't have to be made aware of it. So he can a prorated portion of what you paid until 30 days feom when you gave notice of leaving.

I don't know what the bed has to do with anything, but if he laid out money for food with the understanding that part of it was your responsibility, he can keep that.

Rei90 · Oct 11, 2011, 04:15 PM

Okay I understand that but he never did make it understood to me that part of food would be my responsibility. I asked him about it and he said not to worry, that he would take care of it. Look I know this all seems kind of grey. But bottom line is this: I paid for 3 months worth of rent, now I already lived there for part of this month so here's my question. Could I legally go to court to get the rest of the $600, knowing that I didn't give him notice because of how uncomfortable the situation was with him and how small the apartment was?

Rei90 · Oct 11, 2011, 05:14 PM

Really? Nobody's going to answer me?

AK lawyer · Oct 11, 2011, 05:24 PM

Originally Posted by Rei90

... Could I legally go to court to get the rest of the $600, knowing that I didn't give him notice because of how uncomfortable the situation was with him and how small the apartment was?

No, I don't think so.

You knew how small the apartment was before you moved in.

Your deciding the situation was "uncomfortable" was your call. He abided by his terms of the bargain and, as I see it you breached it. I don't think you can recover the pre-paid rent.

Rei90 · Oct 11, 2011, 05:26 PM

Actually no, that was my downfall, I DIDN'T know how small the apartment was when I moved in, I also didn't predict that he would make living with him so uncomfortable by asking if he could have sex with me every day.

ScottGem · Oct 11, 2011, 05:33 PM

First, You have to be patient. We are volunteers here. We have our own lives and don't monitor the site 24/7. Second, your giving me a negative rating was inappropriate. My answer was accurate and provided good info. So the rating will be removed. The principle here is that negative ratings should only be given for factually incorrect answers.

I agree with AK, you may be able to get back the unused portion of the rent. But you will be required to pay for the notice period that you didn't give.

ScottGem · Oct 11, 2011, 07:15 PM

Originally Posted by Rei90

Actually no, that was my downfall, I DIDN'T know how small the apartment was when I moved in, I also didn't predict that he would make living with him so uncomfortable by asking if he could have sex with me every day.

Both of those were YOUR responsibility. You chose to take the apt sight unseen. And you are the one feeling uncomfortable. It was your choice to break the lease and you have to accept the penalties.