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Old 01-19-2010, 10:10 PM
 
3 posts, read 13,731 times
Reputation: 11

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I have never signed my lease for a house I stayed in for 5 months with three other roommates. I have notified my roommates and landlord at the end of December and paid my rent for january even though I moved out already. Now my roommates are calling me and wanting Febuary's rent because they have not been able to find a replacement. Am I still responsible?
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Old 01-20-2010, 12:58 AM
 
28,115 posts, read 63,759,682 times
Reputation: 23268
Quote:
Originally Posted by kylele View Post
I have never signed my lease for a house I stayed in for 5 months with three other roommates. I have notified my roommates and landlord at the end of December and paid my rent for january even though I moved out already. Now my roommates are calling me and wanting Febuary's rent because they have not been able to find a replacement. Am I still responsible?

Doubt there is much they can do... probably won't be invited over for the Super Bowl...

Rental Agreements in my State for a term of more than a year must be in writing to be enforceable... generally, oral agreements are considered month to month and one months notice should suffice...

As always, check on the laws in your State and check with a Lawyer for Legal Advice.
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Old 01-20-2010, 09:42 AM
 
Location: Boise, ID
8,046 posts, read 28,512,237 times
Reputation: 9470
As usual, Ultrarunner beat me to it. They might want you to pay, but that doesn't mean you are required to do so.

The same is true in my state, oral leases are typically considered month to month. Sounds like you gave at least 30 days, since you paid rent for time you weren't even there. This is one of the dangers of renting with roommates, that you may have to come up with their share of the rent if something changes. Sounds like your roommates just weren't really prepared for it.

I find it interesting that they are harassing you for February's rent because they "haven't found a tenant yet", when February is still 10 days away. That's a long time in the rental world. You paid through January, but didn't live there, which is a benefit to them to find someone. They can offer move in now for over a week free (they could have offered this when you moved out, and it would have been great incentive for someone). My guess is, they haven't really been looking, they just realized that they are going to have to pay more next month and freaked out.

I would tell them no, and not worry about it. Assuming you have some sort of records showing you paid January and gave notice in December, you are fine. Even if you don't have records, on an oral lease, a judge may still find in your favor if you can show that you were living somewhere else approx 30 days before when your rent was paid through, and that should be easy to prove.
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Old 01-20-2010, 10:53 AM
 
3 posts, read 13,731 times
Reputation: 11
thanks guys really appreciate it.
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Old 01-21-2010, 10:54 AM
 
27,219 posts, read 46,818,210 times
Reputation: 15668
Don't pay since you kept you part of the contract. If you do you might end up in the peoples court or on another show and regret having paid for any longer just to be nice now.
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Old 01-22-2010, 05:34 AM
 
Location: Near the Coast SWCT
83,581 posts, read 75,560,215 times
Reputation: 16657
Besides them making your life a living hell harassing you for the money, they have no case. Just because they didn't do enough to find a tenant or they simply didn't find one, they feel like they need to come back to you for money to help with the rent.

You gave them the heads up. But now you need to start saving stuff in case it does go to court. Harassing voice mails, emails confirming you told them you would leave after January, Landlord written consent that you were fine to leave and gave plenty of time. ect ect.

GET THINGS IN WRITING FOR CRYING OUT LOUD PEOPLE! CONTRACTS, LEASES, ECT.
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Old 01-22-2010, 06:38 AM
 
5,937 posts, read 4,709,014 times
Reputation: 4631
You will lose friends, but that is about it. And I got to say, your ex-roommates must be a little stingy. Its not like you had one roommate and you are sticking them with double the rent. If your rent was $2000/mo, they are paying an extra $166. I suppose that is a lot less beer...

Yeah, no parties for you. Point them to the classifieds or tell them to put something on craigslist. They are getting closer to being in the real world now. They have to be able to deal with this situation.
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