in june i subleased a room i a town home from a girl. ther are two other girls who live here. in the beginning of august, i was supposed to sign a new contract for a years lease, but i never did sign or send it back to the land lord. she has never contacted me for it. right now i want to move out because i am miserable here and since i do not have a written aggreement to live here, can i just call her and say that i am leaving. i mean it is her carelessness of not having me sign the contract. i did pay the rent the entire time i have been here, but i want to be out by feb.1. i did also pay her a deposit, nad i dont know if that binds me either. if you are into law and have any clue how to help or if i can just leave let me know.
2007-01-19 06:19:26 · 7 answers · asked by ☮Tara Atkins☮ 4 in Business & Finance ➔ Renting & Real Estate
Most leases auto-renew on a month-by-month basis if you don't actually resign a lease. If this is the case, depending on the original lease, you are probably required to give anywhere between 30 and 60 day notice to leave. If you leave without notice you will most likely not receive your security deposit back.
2007-01-19 06:31:13 · answer #1 · answered by ? 5 · 0⤊ 0⤋
Most rental agreement continue on a month to month bases until a new contract is signed. Inform your landlord that you are going to be out of the property Feb 1,2007. The landlord would have 30 days to return your deposit, effective from the day you leave. Make sure when you leave the, landlord is given the keys that day and you have taken all the things you own.
Return of deposit may be tricky but this should get you pointed in a way that will improve your life.
2007-01-19 06:29:50 · answer #2 · answered by whatevit 5 · 1⤊ 0⤋
Landlord/tenant law varies widely by jurisdiction, so it's impossible to say with any certainty what the correct answer to your question is. Generally, if you didn't sign a rental agreement, then you are considered to be a month-to-month tenant, and are not obligated to pay rent for a year. However, in most jurisdictions need to give written notice to your landlord that you are moving out at least 20 days before the end of the rental period, so to be out by February 1, you'd have needed to provide written notice to the landlord by January 11. If you want to move out by March 1, you'll need to provide notice by February 8.
The landlord is likely to argue that the rental agreement is binding, even though you didn't sign it, because both of you acted as if it had been binding, and because both of you have relied on most parts of that agreement to govern your relationship (monthly rent rate, due dates, maintenance, etc.). Whether this reliance makes the agreement enforceable is questionable, but certainly possible.
As I said, this is highly dependent on the laws in your city/county/state. Generally, the larger the city, the more rights the tenant has. Your county bar association can probably refer you to a local tenants' union (free) or landlord tenant attorney (a good investment for an hour conversation) who can answer your questions accurately. Good luck.
2007-01-19 06:34:33 · answer #3 · answered by rules_lawyer 2 · 0⤊ 0⤋
In probably every state, a lease rolls over to a month-to-month after the initial period expires. That means you have to give a 30 day notice, from the end of whatever month you are in.
If you never had a signed lease, it's automatically month to month.
So, any notice given in January can be effective March 1. Being picky, you should probably do it by Jan. 27th. Put it in writing. And you should get all your deposit back, less any damages you may have caused.
2007-01-19 07:10:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Odds are your lease turned into a "Month to Month" after it's term ended. Check your lease and see how much notice you need to give before moving out. Most of the time it's 30 or 60 days notice required. Don't be afraid to try to work out a deal with your landlord either. He / She may be willing to let you out early if you help to get it re-rented. Your deposit is to be used to cover damage and should not be used for you last months rent unless you clear it with your landlord first.
2007-01-19 09:58:17 · answer #5 · answered by Nick E 2 · 0⤊ 0⤋
if you signed the original lease the you need to give a 30 day notice that you are moving out, so u can get your deposit back.
but since you did not sign the renewal lease you can garb your stuff and leave and forget the deposit...
2007-01-19 06:31:16 · answer #6 · answered by alleykhad607 5 · 0⤊ 1⤋
Just pack up your stuff and leave. You have no legal obligation to even notify her if you don't have a current lease agreement. You may have to give notice if you want your deposit back, but if you need to go, just go.
2007-01-19 06:28:42 · answer #7 · answered by Surveyor 5 · 0⤊ 3⤋