Rental Lease?

Question

I moved in with a friend and they have a old lease my them and the previous tenant. We have asked him 4 times to give us a new lease and he keeps saying he will, but never does.

What position are we in here? Roommate hasn't signed a new lease and I have never signed it.

Is this legal?

Thanks for your time!

Answer 1

No lease puts you and the landlord in a situation where he can tell you to get out anytime he wants but at the same time you can leave anytime you would like also. Your name isn't on anything so you wouldn't be held liable for anything either. The landlord is the one that is at the most risk here in my opinion.

Answer 2

Neither yourself or the landlord are under any obligation to one  another.  If he's too lazy to re-issue a lease then it's his problem - or yours if he chooses to give you notice.

Answer 3

cant do anything cause ur not in a contract

Answer 4

Most leases contain a provision commonly referred as "hold over".  Essentially the lease reverts to a month to month contract.  The terms of the lease applies such as 20 day notice to terminate etc... but the rent is not locked in for the term.  Since you are not on the original lease and are in essence a sublet, you all should have a new lease or at the very least have a amendment to add you.  In your case, there is really no risk to you since if the landlord is allowing you to live there without a formal binder, the landlord and the named roommates are the parties on the hook not you.

Answer 5

Without a lease you are still technically a tenant on a "month-to-month" term. Both the LL and your roomie must follow state law for evictions.