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andosetsfire1 | Does my roomate have to give me/landlord 30Days Notice if he's not on the Agreement? |
Hi, I need a little help answering this one. My roomate has been here 4 months, he filled out an application with the landlord when he moved in to make him official here. But we never signed a new Rental agreement together. today is 12/24/07, and he just told me he's moving out 12/31/07, which doesn't leave me enough time to find someone to help pay for next months rent. Does he have to give me and the landlord 30 days notice, and can he be held responsible for his portion of the rent until I find a new roomie since he never gave his notice legally? please help me! |
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Gaspode
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Yes he does if he signed the application. |
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Flying High
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Your roommate is legally responsible for providing you enough notice of the intent to move. He is still responsible for providing the month's rent. Technically you can take him to court and ask the courts to make him pay his side of the rent plus utilities and such however this will bear more costs on your part if you wish to proceed that way. It's unfair for your to have to come up with the full rent and not know if you're gonna be able to afford it or count on money that is no longer going to be there. |
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Expert Realtor
 |
You need to contact your landlord to find out EXACTLY what he signed.
Did your landlord add him to the lease as a leasee, or did your landlord add him to the lease as just an occupant? You have to find that out to figure out what your rights are.
Option 1...if he is ONLY signed as an occupant, he owes nothing to the landlord b/c the landlord has the contract with you, not him. An occupant doesn't owe a notice to the landlord. However, he owes YOU a 30-day notice by statutory lease (by operation of law). and that means he owes you for January plus utilities.
Option 2...if the landlord added him as a leasee, then that means that you and him both are EQUAL partners on the lease and are BOTH equally responsible for payment. He is just as bound to the full lease agreement, but in order to save YOUR credit, you'll have to pay the entire rental and then sue him for his half until the end of the lease agreement between you and the landlord.
He is ALSO responsible for ALL rent that is incurred between the time he leaves and you find another roommate plus utilities.
Does it sound like you get screwed either way? Yes, you are....if you want to save your credit. |
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hollywoodmelody
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Because he filled out an application he is on a verbal agreement with your landlord. He would have to give a 30 day written notice before moving out and is responsible for that rent. However, if he does move out like you said then you are still going to be held accountable for the next month and would have to take your roommate to court in order to get back money the money you pay the landlord for his portion |
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brickwall90mph
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Rental laws vary by state but I am pretty sure if he registers a vehicle there or receives mail there he is obligated to give you 30 days notice by doing one or both of these this is all the agreement you need to say this is my legal address I would contact a lawyer most will take these on pro bono |
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goz1111
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two avenues to approach this one
first, while he never signed the lease, he was aware of the lease, and for four months paid the amount indicated on the lease, hence agreeing to the terms, a long shot but a shot
second, without a signed lease you go to your state statue as controlling authority on this, each state is a little bit different so look up your state attorney general web site, but majority require a full thirty day notice to end a rental where there is no agreement on the terms
sounds like you will have to sue in small claims for the month rent |
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bostonianinmo
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Since he's not on the lease, he has no obligation to your landlord.
However he may well be YOUR tenant. Since you don't have a written tenancy agreement with him he would be your month-to-month tenant and state law and local ordinances would apply. That normally dictates that he would give you 30 days notice spanning a full rental period of his intent to move out. Assuming that you're running on a calendar month, notice given today would be effective on 1 Feb 2008.
So, what good does this do you if he simply decides to do a runner on you? Well, if you have a security deposit from him you can hang on to that. And you can sue him in Small Claims court for the unpaid rent. As a practical matter though you'll probably just chock it up to a learning experience unless we're talking about a lot of money -- and get a deposit from the next roomie! |
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saejin
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His contract is with the landlord, but you will find you are jointly and severally liable for the rent. That means you can just move out and let the landlord come after both of you for the rent. This will hurt both your credit ratings when trying to get a new place to live.
If you stay, the landlord can hold you for the rent. I suggest you talk to the landlord and tell him what has happened.
They are most likely going to work with you because they do not want to do the work of rerenting the apartment.
You might think about living on your own. Roomates can really stick it to you. |
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LaurenLovesYou
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Im not sure about the actual rules, im sure someone else may but.... Did you ask him if he was willing to pay the next months rent? I'm sure you guys know each other semi-well or at least friends, he might offer to pay the rent since he did give you little notice. If it were me i would at least ask first before i risk the relationship legally fighting him for the money.
Good luck |
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john
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yes he does /and if you what you could get 2 mounts rent out of him in court /but keep records that you tried to fine someone else/but is it worth it |
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yourdoneandover
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Did ou pay first and last? and did He? I wouldnt bug the landlord to much though, it sounds like he was pretty nice putting your roomate official. Just let him know hes gone and find a way to make your rent yourself. Roomates are usually a drag in my experience , to say the least. |
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Bob D
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He is not legally liable for the rent as there was no contract. |
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Broque C
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unfortunately he only has to do that, if it is in the original agreement, that he has to do that. Since you say you and him didnt have a formal agreement...no he doesnt have to tell you so far in advance, but depending on the contract with the landlord he may or may not |
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Jerry S
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if you are the only person signed on the leasing
agreement i think you maybe out of luck. |
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sendingtherainyourway
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If he's not legally binded to the lease then, technically he doesn't have to give you any notice. It would be a nice thing to do, but not required by law. |
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paganmom
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If you signed a rental agreement stating YOU would pay x amount, then you will still owe x amount. Your roommate does not have to give notice to anyone because he is not on the lease.
If your landlord is charging you more for the roommate to be there then you do not have to pay the excess and the roommate needs to speak to the landlord about the amount he pays every month. |
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starfire978
 |
It really depends on the state your in as to what laws may apply to this. The biggest problem you're going to run into is the fact that there is no lease to hold him to. You have a verbal agreement, but it sounds as though you guys never came to an agreement on how much of a notice you required from him when he decided to move out. Since he didn't sign or agree to anything with the landlord he doesn't really have anything against your roommate either.
Hate to say it but this is why any kind of financial situation/agreement needs to be put on paper with date and signatures for just this reason. |
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CAITLIN
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Most likely no. You are not terminating your lease mid term. The notice is usually needed if the lease is terminated mid term and it is usually in favor of the landlord, providing him with a sorce of income from the unoccupided apartment until he can rent it again.
If the document your roommate signed made no mention of notice and it did not alter the lease in a way that made it so if one of you moved out, the entire lease was terminated, you are pretty much S.O.L. If you are still listed as the lessee you are still bound by the rental agreement in effect. |
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feedymite
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He's only responsible for whatever was in the contract he signed... If that agreement didn't include anything about notice, he isn't technically forced to give you any. You could still take him to small claims court and see how it turns out though. |
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