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  1. #1
    Join Date
    Dec 2009

    Default Moving Out, No Written Lease, Do I Still Need to Pay Rent

    My question involves a roommate in the State of: Minnesota

    two months ago I moved into an apartment with my boyfriend. we had lots of discussions with the land lord regarding rent (amount, when due) and term of lease (1 year) but we never actually signed a lease.

    i am now terminating the relationship and want to move out. my boyfriend says that i still have to pay 1/2 of the rent even though i won't be living there and we never signed a lease with the landlord. I say that I can move out and he is responsible for the whole rent or he can find another room mate if he wants to stay there.

    who is right? do i still have to pay rent if i move out and we don't have a written lease with the landlord?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Moving Out, No Written Lease, Do I Still Need to Pay Rent

    What is the landlord's position? Does the landlord regard you as month-to-month tenants, or as having entered into an oral lease for a one year term?
    Quote Quoting Minnesota Statutes Sec. 513.04 Conveyance of Interest in Land Except Up To One-Year Lease
    No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed or conveyance in writing, subscribed by the parties creating, granting, assigning, surrendering, or declaring the same, or by their lawful agent thereunto authorized by writing. This section shall not affect in any manner the power of a testator in the disposition of real estate by will; nor prevent any trust from arising or being extinguished by implication or operation of law.

  3. #3
    Join Date
    Jul 2009
    Cinnaminson, New Jersey, United States

    Default Re: Moving Out, No Written Lease, Do I Still Need to Pay Rent

    Most of the time without a lease you are considered to be month to month and will not be required to continue paying rent. You should give your 30 day notice in writing and pay your share of the rent through the last day you leave.

    You can check for the specifics on this at HUD and search for your state.

  4. #4
    Join Date
    Dec 2009

    Default Re: Moving Out, No Written Lease, Do I Still Need to Pay Rent

    Thanks so much for your reply.
    We did discuss signing a lease with the landlord. Landlord asked how long we'd likely stay, and we told them, 1-2 years. I don't recall ever saying that we'd sign a one year lease, or even that the term of the lease was specifically discussed.

    I haven't raised the possibility of leaving with the landlord yet. I want to know my options/responsibilities before giving notice.

    Again, thanks so much for any additional help.

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