Rommates is planning to move out without 30 days notice (lease, tenant, security deposit)

[Vitor]

One of my rommate told me the other rommate is planning to move out the end of the month ,but he didnt noticed me yet
I have only verbal contract with him so i want to know if is that correct?
Thanks

[TUMF]

Uh, how about ASKING HIM if they are planning on moving? Seems pretty simple to me....

[Vitor]

Any legal information?

[NoMoreSnowForMe]

What state are you in? In your state do you count notice by calendar days, or does notice have to be before the first of the month? What does your lease say? Is it a year lease or a month to month contract?

Need a LOT of info to be able to advise you here.

But, until you get actual notice, you are possibly wasting your time. Deal with it if/when you have to.

You could Google your city/state and "landlord tenant law." You can then read the law for where you live.

[Vitor]

I live in massachusetts and my contract is month to month..

[NoMoreSnowForMe]

Does your contract say how notice is to be given? Does it just say 30 days written notice, or is it more specific?

[NoMoreSnowForMe]

According to this, either you or your tenant must give 30 days written notice:

http://www.mass.gov/ocabr/docs/landlordrights.pdf

So, unless your contract is more specific than that, it would be 30 calendar days.

If your roommate/tenant moves out without notice, then in my opinion, the day they move out would be considered day one of 30 days notice, so they'd owe you rent for the next 30 days.

However, in MA, landlords must make an effort to find a new tenant as soon as possible using reasonable means. So, you'd have to advertise for a new tenant right away. You don't have to take just anyone, they must meet your normal criteria

Then, you charge the leaving tenant who did not give notice, rent until the net tenant starts paying rent - but only until that 30 days is used up.

Make sure you follow the law in the brochure I linked to above, regarding what to do with the security deposit.