Is it possible to leave an apartment if you haven't signed a lease yet?

Question

I moved in end of February and the landlord still hasn't given us a lease. Also, there are a lot of things that need to be fixed that have been broken for over a month now. I just recently found out I was pregnant and feel like this apartment I am in is not safe for my child. The windows don't close properly, some don't even stay up...the mirror on the cabinet in the bathroom almost fell on my head while I was doing my hair. This building is a mess and the super never is around to do anything. I don't want to dealw ith this place for another 2 yrs so I am wondering since I haven't signed a lease yet, can I leave and still get my security back? I paid 2 months rent & 1 months security when I moved in.

Answer 1

yes...if there is only a verbal contract...it's would be hard enforce in any case...

at the end of the day, without a signed lease contract, essentially you are, "month to month" which means that you can stay or leave on any given month...however it is customary and in some states required to notify your landlord 30 days prior to the date which you intend to vacate... more importantly this will cover your backside, in the event that there is a dispute of any kind.

any funds that you have disseminated to the owner of the property, must be returned to you upon inspection of the property and removal of yourself and belongings...

Answer 2

Hi,
Verbal contracts are legally binding just as written contracts are. The right thing to do is send a written notification for your leaving in 30 days. I would also make sure that your intended day for leaving is at the end of the month. Most contracts run from the fist of the month to the end of the month. So if you leave half way through the month you will be responsible for those two weeks of rent. And if you had a verbal year contract, you could be responsible for the full term of that leases...even verbal ones, so be smart about ending the lease. You can also lose your deposit by breaking the lease, so don't be fooled by some of the responses you read on Yahoo answers. For example, say for some reason you move in, and then your partner moves in. Then you leave because you are not getting along, and your partner stays. You'll still be responsible for the term of the agreement...even though it's not written, it still legally binding for verbal agreements, so talk to the Landlord. Most Landlord are very reasonable, and will work things out with you, but remember, this is a business, and business don't stay in business unless they make money. I also have to ask why you would have rented this place if it was so bad?

Answer 3

Absent a signed written lease, you are legally a month-to-month tenant, and need to abide by your state's laws covering such tenancies. In most states, you are required to give thirty days notice of your intent to terminate a M-T-M rental agreement.

While the landlord may try to claim a 'verbal contract' of one year, his chances of that holding up in court are slim to none.

As long as you have not damaged anything on the premises and leave it as clean as you found it, you should be entitled to a full refund of your security.

Answer 4

Every state has a local housing office that can tell you the rights as a tenant you have in your state. It doesn't sound like this landlord is following any of the housing rules for your state. I would look in the phone book and contact the housing authority for you specific rights.

Answer 5

give 30 days written notice and u should be able to get your security back, just talk to your landlord, let them know ur giving them 30 days notice and plan to vacate on what day, at the time u would like ur security back. i think that is fair considering you didnt sign a lease. talk to them and make an agreement.