Can I be sued for moving without notice , if i did not sign a lease?

Question

My fiance and I were recently renting a room , we had no lease and did not sign anything from the "landlord" (landlord being the person on the lease) Whenrever there was a problem we were directed by our "land lord" to the apartment manager , but the aparment manager said we were not her responisbility because we were not on the lease. needless to say we moved out (on june 30th) giving no notice, however our deposit was witheld and we gave the so called "landlord' cash for any bills we may have had coming ( $350 total including deposit) now he is threatening to take us to court for july's rent and utilities. Can he sue us , and was it even legal for him to sublet the apartment like that? The Main reason we left is because we felt we could no longer trust our "landlord" or the property manager (they were close knit).

Sidenote: The apartment manager had us run a credit check before we moved in , but we did not have to pay a credit check fee. We were later told that it was at the "landlord's request and the property manager was doing it as a favor to him. Can it be put on our credit? is That legal as well?

Answer 1

I have done an extensive search and found that with no written lease even with an implied month to month. There is no obligation to give any notice.

I would make sure to have everything documented Copies of the bills paid total amount paid to him with check stubs.

You signed permission to the apt. manager to run your credit with out knowing up front that the information was requested by the landlord. If she gave him any information about your credit with out your specific written permission she is in serious violation of Federal Laws.

Check it out thouroughly!! Then contact HUD and RESPA and report them both.

The key issue here is that we are talking SUB-LEASE. Without it being in writting it is a whole different ball of wax then regular tenant and landlord lease!! There is NOTHING anywhere that says when she has no written agreement that she is obligated in any way to give notice. ETHICALY she should have given notice. but that is beside the issue.

If you know something different give me the law chapter and verse.

Answer 2

Verbal or oral agreements in renting are legally valid and enforceable - a written lease is not required.

You are required to give proper written notice to terminate a month to month tenancy per your state's landlord tenant laws. You are liable for the full month's rent through the notice period.

Your "landlord" can legally deduct the rent through the notice period from your security deposit, as well as any damages.

If you did not have a security deposit or the amount exceeds your deposit, the "landlord" can sue you in Small Claims court.  

Answer 3

You have no binding legal agreement.  He might attempt to take you to court, but I don't think he'll get very far.

Answer 4

Even though you did not sign anything, by moving into the room and setting up house, you had a month-to-month tenancy agreement with "landlord."  In most states, you are required to give 30 days notice to terminate a month-to-month tenancy.

The contract between landlord and building manager, which may or may not allow a sublet, has little or no bearing on the agreement between you and landlord.  The sublet clause is something only the building manager, and not you, can enforce.

A general distrust of the landlord, without something more overt, is insufficient basis to move without notice.

Now, he may or may not sue.  Who knows.  But, if you tell the judge the same story you told here, you'll probably lose.  Come up with something better.

Answer 5

Without a written lease you had a verbal month to month agreement.  Even though there was no lease you were still required to give the landlord notice - probably 30 days (the problems you cite were not enough to warrant you just moving out).  So the landlord can sue you for one months rent.  He can also sue you for any unpaid bills and repairs be may have to do to the place (but not wear and tear).  If he gets a judgement for these expenses he can have that put on your credit.

Whether or not he will do any or all of this is a big question but he can do these things.

Answer 6

You really should have given written notice, but if you had no rental agreement in place, I see no legal obligation to either party.

I do not think it wise for anyone to remain in a rental situation where the trust and respect is missing.

Answer 7

Trouble is, if she files a law suit you'll be introduced to the legal system.  And might counter sue for the security deposit.

PS: kiss the cash good bye - unless you got a receipt.  Can we agree not to make that mistake again?