Ask Experts Questions for FREE Help !
Ask
    curious_renter's Avatar
    curious_renter Posts: 3, Reputation: 1
    New Member
     
    #1

    Nov 22, 2008, 09:10 AM
    Lease w/o signing
    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:
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Nov 22, 2008, 09:18 AM
    Quote Originally Posted by curious_renter View Post
    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:


    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?)
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    Nov 22, 2008, 09:24 AM
    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
    curious_renter's Avatar
    curious_renter Posts: 3, Reputation: 1
    New Member
     
    #4

    Nov 22, 2008, 11:02 AM
    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"?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #5

    Nov 22, 2008, 11:15 AM
    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
    curious_renter's Avatar
    curious_renter Posts: 3, Reputation: 1
    New Member
     
    #6

    Nov 22, 2008, 01:02 PM

    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?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #7

    Nov 22, 2008, 01:43 PM
    Hello:

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

    excon

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Gas Lease Signing Money [ 5 Answers ]

I just signed a lease with a gas drilling company and will be receiving the bonus money in January. I realize the money is ordinary income, but do I have to pay the taxes immediately, or do I wait until April to file? It makes a big difference since I could lock the tax amount up in a CD and at...

Signing a lease for 7 months I get 1 month free [ 6 Answers ]

I'm about to sign a lease on an apartment. I was told if I sign a 7 month lease I will get 1 month free and I can prorate that out over the 7 months. The rent on the apartment will be $770.00 If I prorate my 1 month free over the 7 month lease. How much should my rent be per month?

Student signing an early lease [ 3 Answers ]

My daughter attended a university in South Carolina. She had no sooner moved in good that they wanted her to sign a new lease for this year, stating that she would get her rent at the same price and not have to worry about a rent increase, She did, Since then she has had to leave this university to...

Is there a grace period after signing a lease? [ 2 Answers ]

Is there a grace period after signing a lease where it can be voided with no penalties? I'm not sure there is such a thing but someone mentioned that to a friend of mine who just a couple of days ago signed a 1 year lease and wants out. We live in Seattle, WA.

Signing another lease with house being sold [ 4 Answers ]

Our lease is up, and we were wondering if we should ask our landlord to sign another lease, even with the house being sold. If the new owners use the house as an investment property, d they have to honor the lease that was in agreement with the previous landlord, or does that lease become voided...


View more questions Search