Breaking the lease without a written lease agreement. (rental, security deposit, credit score)

[izaiahsmommy25]

Good Afternoon,

I'm stuck as to what to do in my current situation.My husband and I moved into our duplex home in Feb 2015 We paid the security deposit and the first month's rent up front.The landlord gave us the application to fill out after we gave him the money and said to fill it out and return it back to him.We filled it out and called him to meet in his office to sign it in front of him and go over the terms and conditions of the lease,but he told us to just fill it out and put in the drop box of his office.I went ahead and did so but made sure not to sign anything seeing as we had not gone over any of the terms of the lease.We have since asked to sit with him and go over the terms and conditions of the lease and actually sign it but he keeps giving us the run around and keeps saying that he will get around to it and never does. We thought that he was just acting that way towards just us but our neighbors seem to have the same issue with him and more.and they were told to move out from one day to the next because he entered into their home without their permission and the wife was home and became upset because he didn't call or text if he could enter the premises without their permission.So because the wife became upset and got into a verbal altercation with him he told them that they has 7 days to move out.All we want is to move out and get our security deposit back.But I want to know if this will effect my credit score seeing as we never signed the actual lease.He hasn't asked us to move out but we feel as if he's trying to find a reason to do so.What can we do?

Thank you in advance for answers that you can help with.

[MrRational]

Originally Posted by izaiahsmommy25

Breaking the lease without a written lease agreement.

Without a written lease you have a "Month to Month" tenancy.

I'm stuck as to what to do in my current situation.
My husband and I moved into our duplex home in Feb 2015
We paid the security deposit and the first month's rent up front.

All we want is to move out and get our security deposit back.
What can we do?

Pay the rent you agreed to for your time there.
When ready to leave ...give the Landlord a WRITTEN notice that you'll be out.
Start packing and cleaning and be out when you said.

In some areas that notice is the same 30 days like the rent payment.
In some areas... it's shorter. Both ways.
---
If you're ready to go soon...
today (3/31) would be an ideal time to give notice.

Do that in person with a APRIL rent check in your hand.
ASK him how/when you can expect to get your SD returned.

When you get a satisfactory answer... pay the April rent.

[STT Resident]

I believe you're in Texas where you have to give the landlord one month's written notice to terminate a month to month rental agreement (which is what you have).

Within 30 days of your leaving your landlord must return to you your security deposit less any deductions for cleaning/damages. Leave the place spotless when you leave and take a bunch of dated photographs in case you need them to dispute any damage claims. In your next rental, take dated photographs also upon moving in.

Texas Security Deposits Limits and Deadlines | Nolo.com

[badlander]

There will be state or provincial laws that cover both what notice is required and also for entering the premise. Where I live we must give 24 hours notice to enter the building unless there is an emergency such as broken water pipe. Of course one can ask the tenent for permission to come fix something but to enter the property unannounced does require notice. We also cannot give 7 day notice for any reason, the closest we can come with is either a 14 day or under unusual circumstances, an imediate notice to vacate but both of them require presenting it first for approval to the law court.

As a landlord and former tenent there are creeps and bad guys on both sides hence the need for laws and landlord tenent advisory boards , small claims courts and of course lawyers. We`ve done all except the lawyer bit. Good luck with this landlord but sounds like finding a new place might be best.

[bentlebee]

Make sure to take pictures and if possible make them with date and time stamped.