A friend never signed the lease when he moved in. Does he have to give notice to move?

Question

A friend of mine never signed the lease to the apartment he lives in right now. it was suppose to be a 12 month lease and month to month thereafter. it is going on the 15th month of him living there. does he need to give any notice of moving out? how does the security deposit work?

Answer 1

He must follow the rules for month-to-month tenancy.  You should be able to locate your state landlord-tenant laws online.  It is usually somewhere from 15 to 30 days before the next rent payment is due, depending on locality.  The notice must be in writing.  I'd get a certificate of mailing to boot.

There should be a walk-through with both parties present when he is out.  Both sign, date and get a copy.  He turns in the keys.  His deposit less any deductions should be refunded to him according to the time provision of state law.  You can look that up, too.  Two weeks is common.  If he doesn't get that accounting and check (if any) by that date, most states then require full refund of the deposit, though he may have to use Small Claims Court if the landlord is not cooperative.

Answer 2

30 day notice should suffice. He needs to ask the landlord.  The lease is meant to protect the lessee as well as the lessor.

Answer 3

security deposit is given back once u have given notice that u are moving out & the renter sees that there are no damages done to the place. if he didnt sign the lease then sure legally they dont have to stay there for a certain period of time, but it woudl be nice to say "hey by the way im moving out" & if ur trying to be out by the 1st  this isnt enough notice seeing as how there's only a week left

Answer 4

He would be considered to be on a month to month basis and needs to give a 30 day notice.

The security deposit is used as protection for the landlord to cover any expenses to repair or clean up after you move out. A security deposit is not to cover the last month rent.

Answer 5

Even if his original lease is invalid due to lack of signature, he falls under a 'statutory lease', the terms of which are governed by state and/or local statutes.  I know of no state which allows a tenant under such a lease to leave with less than one rental period's notice.  If he fails to provide such notice, he won't get his security back, and may find himself being sued for at least an additional month's rent.

Answer 6

Without signing a lease and written documentation, it's his word against yours...he does not have to give you notice, and if he left his security deposit, you have to give it to him back...

Answer 7

He is still required to give proper notice, just as the landlord is required to give him proper notice.   In my state, in the absence of either party giving notice of their intent to renew, the contract is automatically renewed under the same terms and conditions as the original lease.

Answer 8

Nope! and if they got that far along, have them go all the way without ever signing their name for that landlord.

Answer 9

Your friend will need to give notice. The security deposit is for "damages" which can be retained by the owner if they feel they are going to incur damages in lost rental revenue because your friend has not provided them with sufficient time to get a new renter. Depending on where you live the period considered sufficient can be 2 weeks or a full month. I would suggest providing a full month notice because then your friend wont have to worry at all. You dont want to have to go to small claims court to try to get your damage deposit back!