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I took over a room for an individual two months ago and I did not even get around to signing the lease. However I have no intention of staying here and next month (maybe even late this month)I am leaving and I have not informed my roommate of my intentions. So what should I do if I did not sign the lease.
Is the original roommate still responsible, if I just get up and leave or will the managemant office and my roommate badger me to pay the rent. I did not sign the lease and I do not even have a copy of the lease so I am not liable for anything that is in the contract right?
Sounds about right to me... depending on what you mean by "took over a room"
I wouldn't expect to remain on friendly terms with your roommate if what you're saying is you made a commitment and are now looking for a backdoor way out.
If the previous resident was not signed off, they are still LEGALLY responsible for the apartment. If you NEVER signed the lease or any roommate add-on agreements, the YOU are NOT responsible for anything legally.
If your friend's lease allowed him to sublet (which would be a first) he would have to get a written agreement with you, and he would be your landlord. You would pay him a security deposit and the rent, he would pass it on to his landlord, as he is ultimately responsible for the original lease. If he didn't pay his rent, you'd be on the street with him, and any money that you gave him would be fought out in court between your ex-friend and you. Your friend really went out on a limb here.
The person on the lease is ultimately responsible to the apartment complex, HOWEVER...your roommate could take you to small claims court and argue that you were on a month-to-month tenancy and sue you for damages. They probably would win, too.
The person on the lease is ultimately responsible to the apartment complex, HOWEVER...your roommate could take you to small claims court and argue that you were on a month-to-month tenancy and sue you for damages. They probably would win, too.
Yeah, but that could easily be overcome by giving the "landlord" (person on the lease) 30 days notice.
I took over a room for an individual two months ago and I did not even get around to signing the lease. However I have no intention of staying here and next month (maybe even late this month)I am leaving and I have not informed my roommate of my intentions. So what should I do if I did not sign the lease.
Is the original roommate still responsible, if I just get up and leave or will the managemant office and my roommate badger me to pay the rent. I did not sign the lease and I do not even have a copy of the lease so I am not liable for anything that is in the contract right?
If you completed a rental application and were approved and then provided a lease that you never signed, but in fact acted as if it was signed by taking occupancy and living there, it may not matter that you didn't sign it and you could be held accountable.
I learned about this portion of contract law when a married couple tried to get out of their lease because the husband never signed (but the wife did, and the husband signed the application and deposit agreement). I turned them in for collection of unpaid rent, they sued me and the Judge informed them that they did in fact have a binding contract and it didn't matter that the husband never signed. And he scolded them for being so rediculously stupid. (I love Texas JP Court judges) Their actions (moving in, paying rent each month, living there, etc.) were confirmation and proof that the contract existed. Judge asked, "what, you just woke up one morning three months after living there and thought, 'oh my gosh, we don't have a lease'? Give me a break. You tried to weasle out of your lease and we all know it".
If both parties to a contract act and behave as if the contract were signed, and both parties receive all benefits contemplated in the contract, it's a contract.
That said, my experience is in Texas. Things may be different where you're from.
Austin Steve... I can see why Texas is known as a no nonsense state, especially when compared the SF Bay Area...
You always have beneficial advice... thanks for posting on City-Data.com
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