Moral Dilemma, Sort of (real estate, rental, attorney)

[laurenksc]

Ok so here is the problem

I am moving out, gave my thirty days notice, am not on a lease whatsoever. I gave my 30 days notice on the 16th of December, but the rent is due on the 10th of every month. Well I am moving out on the 10th of January, all my stuff will be completely gone on this day. But my roommate, the girl who owns the house wants me to still pay the rent! I thought since I wasnt on a lease at all and it was just verbal, I dont owe her anything....I dunno what to do!!!

[OleTomCat]

That depends on how your conscience is, you did stay there for ten days of the month, so you should pay one third of the rent and bills.

[laurenksc]

yeah but rent is due every month on the 10th so when i paid on december 10th a full month is january 10th and thats when im moving out

[wildwoodflower]

i don't think you need to pay it if you are moving out on janurary 10th when the new month's rent is due. that is part of being a landlord or leasee (if you name was not on it), you gave her notice, she had to anticipate this happening. it is beyond your control.

[SCBeaches]

Have the two of you sat down to discuss your verbal agreement and that your prepaid month is up on the 10th? If you value your friendship ask how you can reach a compromise. Unfortunately, where money is concerned, often you end up departing as less than friends...unless both parties try to reach an agreement. In these hard economic times, your friend was probably counting on that rent money to pay bills and is afraid that she won't find anyone else to rent to. Maybe this will teach her to make future tenants commit to at least a 6-month lease so she's not left high and dry.

[DJShymansky]

Your rent is due "on" the 10th, or "by" the tenth? The first, and you're correct. The latter, and she's correct, partially. This is why leases are written down and have a whole code of laws attached to them. I'd follow SCBeaches advice and see what can be done to lessen the blow for both of you. Also, notice given on 12/16/08 of you're leaving on 1/10/09 is still shy of 30 days.

[c99]

You'd have to look at SC landlord/tenant law to be certain, but I think you are required to provide a 30 day notice to vacate - and as such, you'd be responsible for rent during the whole 30 day period *regardless* of whether you are physically living in the house or not.

In your case it seems like you would owe a pro-rated difference from the 10th to the 16th. I wouldn't let your friend strong-arm you into paying another full month of rent, but I think she may be right in asking you to pay for the full 30 day notice period.

Having a lease or not having a lease does not get you out of your rental obligation and I think I remember reading somewhere that one is required to provide a 30 day notice.

Also, I'd make sure you have your notice to vacate in writing - just in case. I'd also write on your final check - for the prorated amount - that it is your final rent payment and put the date you gave your 30 day notice in the memo section of the check.

Maybe there is some state office you could call to get some advice. At the least, I would see if I could locate SC landlord/tenant info online.

Disclaimer: I am not a real estate attorney or an expert on landlord/tenant rights, but I am currently a renter.

[laurenksc]

thanks for all your help guys!