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Old 09-16-2017, 08:24 AM
 
18 posts, read 15,826 times
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I've recently moved in w/ a roommate (2 months approximately). There was no lease signed in this process b/e it was an agreement on only rent via Craiglist. I've only signed one form so far "occupancy form" so that I may receive mail (that form had not information on it what so ever about fees/restrictions & I paid no fee for it to be processed). Needless to say things aren't going to well between me and my roommate, and I am moving out. I want to know my Legal rights as an unleased tenant (notice duration; if one is even needed, am I required to pay next months rent in FULL, etc.)
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Old 09-16-2017, 08:46 AM
 
Location: Phoenix, AZ
6,341 posts, read 4,900,601 times
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You would likely be required by law to give at least a month's written notice for a move out date of the end of a rental period.

That means if your rent due date is 10/1 you would have to give your notice on or before 10/1 that you would be moving out by 10/31 and you would have to pay October's rent.

Notice periods vary some from state to state so if you would post your state I'll look up the actual statute.

Also say what day of the month is your rent due date.

If you wanted to move out sooner you could make a written settlement agreement with your roommate to pay something. Understand that your roommate would have no obligation to agree.
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Old 09-16-2017, 08:59 AM
 
18 posts, read 15,826 times
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Default Payment History

Moved in August 1st (Payed "rent" upon arrival/no security deposit), then payed next months rent on September 1st (Currently the 16th). My next payment is not due till October 1st. So I'll definitely take your advice. Is there anything he can throw I. My face "legally" to obstruct this process ( there's no damage to the property; i will clean upon departure, I've only signed an occupancy form, and I have no pets, family, etc living with me). Thanks for the advice in advance
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Old 09-16-2017, 09:21 AM
 
Location: North Idaho
32,643 posts, read 48,015,234 times
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It would help if you said which state. Some states are literally 30 day notice and some states are a full rental period. If you are in California or Oregon, notice is a literal 30 day, so you could give notice today, Sept 16, and be out October 15 and you only owe rent for half of Oct.

With no written rental agreement state landlord law applies. So whatever you state notice period is where you live.

Notice you are leaving needs to be in writing and have a firm move-out date.
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Old 09-16-2017, 09:29 AM
 
18 posts, read 15,826 times
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North Carolina, High Point
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Old 09-16-2017, 10:10 AM
 
Location: Phoenix, AZ
6,341 posts, read 4,900,601 times
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Quote:
Originally Posted by Cam1324 View Post
North Carolina, High Point
Then you're in luck:

Quote:
North Carolina Statute 42-14. Notice to quit in certain tenancies.
A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days;
http://www.ncleg.net/EnactedLegislat...2/GS_42-14.pdf

You can give him written notice now that you are moving out by September 30 and you won't have to pay rent for October. Make sure you keep a copy of the notice.

If you gave a security deposit, here is the security deposit statute that he would have to comply with:

http://www.ncleg.net/EnactedLegislat.../Article_6.pdf
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Old 09-16-2017, 10:45 AM
 
18 posts, read 15,826 times
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Thank you sooooo much!!
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Old 09-21-2017, 05:41 AM
 
18 posts, read 15,826 times
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Quote:
Originally Posted by adjusterjack View Post
Then you're in luck:

http://www.ncleg.net/EnactedLegislat...2/GS_42-14.pdf

You can give him written notice now that you are moving out by September 30 and you won't have to pay rent for October. Make sure you keep a copy of the notice.

If you gave a security deposit, here is the security deposit statute that he would have to comply with:

http://www.ncleg.net/EnactedLegislat.../Article_6.pdf
I'm at a conflict. I'm riding right on on that 1 week notice window, and I've talked to him face to face (No written) weeks notice yet. He says I should suck it up a try to find another job (according to him plenty of other college students do the same); currently working 20hrs week in Americorps & full-time student, and I believe him. But,I don't think he completely grasp the situation here; I've literally sacrificed almost everything to live here (the bigger issue being that I'm not able to put back any money). "Other" college students that support themselves don't have a $600 monthly rent (at least not to my knowledge; from talking to others). That aside; I don't know what to do; I could stiffen give him the Legally required Weeks notice & bounce, or I can pay for next month and find myself in a deeper hole (not being able to find housing for the next mont). What should I do?; and if I abide by the state required 1 week notice, do I have to worry about any potential legal action from him?

P.S He say's he "literally" won't be able to eat if he had to cover the whole thing by himself; mind you, he decided to repurpose the 3rd bedroom for an entertainment room and not rent it out. Either way I'm calling his bluff; they buy wine, cheese, take-out, etc. all of the time; including taking really good care of a dog. I'm literally reduced to eating eggs and rice b/e I'm left with so little; I have to have gas and pay (let's not even get into the cost of recent car repairs) my phone bill

Last edited by Cam1324; 09-21-2017 at 05:57 AM..
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Old 09-21-2017, 06:05 AM
 
18 posts, read 15,826 times
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I feel guilty b/e I had told him I'd be okay. But, my job recently cut my hours , and there's just no way I can cover everything now (before it was still a struggle). He asked why I would agree to live here knowing that o couldn't pay. I was literally homeless before moving in; got lucky with a loan and took the 1st thing that wasn't the backseat of my car
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