my landlord didn't gave me or let me sign a contract room rental agreement, am i free to move out anytime?

Question

I have been having problems with my landlord, He doesn't gave/ let us sign any contract and he told us we've got to find another place to stay, so now we called and told him we are moving out, He then say NO.. bec he want's us to pay the rent for this month!! which is I think not appropriate as we have given him a deposit and settled this november month rent and our cut off is on dec. 11 ... so now I am planning to move out befor dec 11 and just pack my things and leave the keys. What if he threatens us.. do I have to tell him I am right and do not black mail me? bec I think he's just black mailing us. PLS GIVE SOME ADVICE.

he noticed us last November 19 to find a new place. so i think if I am going to move out tomorrow , I have the right. besides he doesn;t gave us a legal tenancy agreement. maybe i think he really don't give it bec he wants us to pay and pay whatever he says.

Answer 1

As far as paying for your rent it depends on when your due date for rent is. If your rent is due on the 1st of every mth then yeah you do need to pay for dec. But if your rent is due for after the time you plan on moving I don't think so as you have paid a deposit and not occupied the full mth. But really if he didn't make you sign anything then he won't have a leg to stand on if he tries to take you to court. I wouldn't worry about it too much though...Just get your stuff and move to a safer location. If he does make threats report him to your local housing authority and BBB.

Answer 2

What must a tenant do if he or she wants to give up his or her tenancy? There is no provision in existing legislation requiring a tenant to give notice to their landlord should they wish to end the tenancy. A tenant's obligation to give notice, the amount of notice they need to give and the way in which this notice is served, is a matter for the landlord and the tenant to agree between them at the outset of the tenancy and such information should be included in a written tenancy agreement. This might include the landlord's willingness to allow the tenant to find a new tenant to replace them. Although the landlord will still bear the responsibility for ensuring they are a suitable replacement. This can be done by carrying out a credit check and following up any references provided. However, if the tenant has a fixed term tenancy, this would be regarded in law as a contract and therefore the tenant may only give up his or her tenancy before the end of the fixed term if the landlord agrees or if the agreement says he or she can (this does not apply to protected shorthold tenancies: see housing booklet Regulated Tenancies). This could be by way of a break clause that should benefit the tenant as well as the landlord. Otherwise, it is likely to be an unfair term as per the provisions of the Unfair Terms in Consumer Contracts regulations 1999

Answer 3

Since you do not have a written agreement you are considered a tenant-at-will. You may leave at any time however you MUST give whatever statutory notice is spelled out in local laws. That's generally 30 days, spanning a full rental period, though it varies from 15 to 60 days in a few jurisdictions.

From what you say, your rental period runs from the 11th of the month through the 10th of the following month. If you give notice now, it will be effective on January 10, 2008. If you have not given notice yet and move prior to December 11th, you WILL be liable for the rent through January 10, 2008.

Regardless of how you feel about it, that's the law and your landlord is correct.

Addendum: Since he gave you notice on November 19th, and it appears that your rental period runs from the 11th, that notice is with full effect as of January 10th as all notices must span a full rental period as well as the statutory notice period, normally 30 days. He would have had to give you notice by November 10th for it to be effective on December 10th.

Answer 4

Your landlord is right...not having a lease or written agreement does not exclude you from state law. All states require you to give notice of one full rental period...meaning if you plan to move out on Dec. 11th, then notice should have been given Nov. 11th. If you give him notice today...your still responsible for rent until the 8th of Jan. Security deposits can not be used at rent unless with permission from the landlord. If you fail to give proper notice, the landlord can sue you for rent owed.

Answer 5

If you pay your rent monthly you're assumed to have a month to month tenancy. 30 days notice is customary.

Without a written lease, he can probably threaten all he wants. Just write him a [certified] letter and tell him you are terminating your tenancy effective [DATE]. Remind him in the letter that he refused [or failed] to provide you with a written lease and therefore you are [probably] under no requirement to provide him with any additional notice.

Since you didn't mention your state there's no real way to know for sure; however, there is no such thing as a verbal contract in real estate. That's why a landlord should protect himself with a written contract.

I believe it's his tough luck.

Answer 6

If he told you that you need to vacate, you should be ok to leave and not pay any more rent after the 30 days time,
However, usually your deposit is security for damages, not rental payment.
If you were the one that gave notice, you should give and pay for 30 days from that initial date.
You should pay a prorated amount for the month depending on waht day you gave notice.
Hope this helps.

Answer 7

I recommed that you talk with an attorney who specializes in real estate law.

Ask your attorney to send your landlord a letter that explains to the landlord what his rights and obligations are.

You will probably also need the attorney to help you get your deposit back.

If your landlord does not use a written rental agreement, I would bet that he is not very good about returning deposits either.

Answer 8

Just move out. It sounds like he thought he could get better tenents to move in for December but couldn't. Since he already told you to move out and you want to move out, go ahead and move out. He might try to take you to small claims court but everything is on your side. Don't give that jerk a second's thought and just find a new place.

Answer 9

Just leave.You will not get your deposit, that will cover any money you owe him up to the 11th. No contract, no commitment. You do not need a lawyer. He will just cost you more money for the same result.

Answer 10

You will have to pay for the time you occupied the apartment. If you have paid in advance and are current up to this point then you can leave at any time you please. If there is no contract between you, he cannot obligate you to pay any more than the time you have occupied the apartment. If your last payment was Nov 11 and you leave Decemebr 8th, you will have to pay for this time period on a pro-rated basis.