Ive moved into a property but have not signed the contract?

Question

its a 6month contract, ive been living here for 2 months and want to move out. its a two month notice period. i hvant signed anything... can i just move out??? ...or is a verbal agreement binding?

please help

Answer 1

Some states have this situation covered. The landlord may be able to prove that by moving in you accepted the proposed lease term of six months.

If the tenant does not sign and deliver a written rental agreement signed and delivered to him by the landlord, acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.

If a rental agreement given effect by the operation of this section provides for a term longer than 1 year, it is effective for only 1 year.

Answer 2

If all that exists is a verbal agreement, then there must be a written contract to make the agreement enforceable.  But, in your case, you already moved in, have been living there for two months, and (presumably) paid rent.  With all those actions, the agreement no longer needs to be in writing to be enforceable.  It's called the "part performance" doctrine.

What that means, though, is that you cannot use as an absolute defense that there is nothing in writing and you are therefore not liable.  When the landlord sues you, the judge will start from square one, determine if there was a legitimate verbal agreement, and what the terms were.  The burden will be on the landlord to prove it.

At a minimum, the fact that you lived there, and paid monthly rent, means you had a legal month to month tenancy.  As such, you are at least legally required to give notice in accordance with your state's statutes, which usually means 30 day notice.

Answer 3

Right here you admit it is for 6 months.

In court would you be just as honest?

That is your answer.

Answer 4

A verbal agreement is not binding.  However real estate tenant law is, you have to give a 30 day notice.