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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Default No Lease Signed, 30 Day Notice?

    My question involves a roommate in the State of: California.

    Here is my situation in a nutshell. I moved into an apartment and did not sign a lease. There is a month-to-month agreement but no paperwork stating that I agreed, and the original manager when I moved in has passed away.
    My main concern is this: I decided I was no longer happy living here due to unliveable circumstances (roommate not paying for utilities until 3 months after they are due). I decided I could not deal with the situation, so I arranged a meeting with my landlord to ask how I need to handle moving out. My landlord said, word for word, "You do not have to give me 30 days notice if your roommate is remaining in the unit. I just need a letter stating the day you are leaving, that your roommate will be remaining in the unit, and that she will assume all financial responsibility."
    I was planning on giving 30 days but before signing a new lease elsewhere, I again called my Landlord to ask if it was correct that I do not have to give 30 days notice. She said yes so I went ahead and signed a new lease. Problem is, now my Landlord is saying that I needed to give my ROOMMATE, not the landlord, 30 days notice, that I am still responsible for 30 days rent, and that they will come after me in small claims court if I do not pay.
    My issue is that I made sure to clear things up before I signed the lease and was attempting to go about everything the "right" way until my landlord informed me I didn't need to give 30 days, so I wanted to be out as soon as possible. My landlord has said it was her fault and she miscommunicated information and such.
    I want to know, since I have not signed ANYTHING and attempted to go about this the "legal" way, how would this hold up in small claims court? What about the security deposit that my roommate owes me (as I paid her for it when her old roommate moved out)? Sorry about the length but I tried to be as accurate as possible.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: No Lease Signed, 30 Day Notice?

    Problem is, now my Landlord is saying that I needed to give my ROOMMATE, not the landlord, 30 days notice, that I am still responsible for 30 days rent, and that they will come after me in small claims court if I do not pay.
    Your landlord is correct. You're expected to give your roommate 30 days notice of your intent to leave, whether you signed a lease or not.

    Your roommate can take you to small claims for the unpaid rent, and she'll win.

    Security deposits typically attach to the dwelling, not the roommate, and thus aren't refunded until a new roommate moves in or everyone moves out. Presumably you had a verbal agreement with respect to the deposit?

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No Lease Signed, 30 Day Notice?

    Are you a subtenant of your roommate, or a tenant of your (common) landlord? If you're a subtenant of your roommate, then the security deposit should be refunded with the end of your subtenancy.

  4. #4
    Join Date
    Apr 2008
    Posts
    3

    Default Re: No Lease Signed, 30 Day Notice?

    In response to both questions, I paid my roommate the deposit and have tried to come to an agreement on how to get it back. She wants me to pay rent and for utilities when I am not there. If I do so (I would have only paid rent, not utilities), I wanted my deposit back right away so she doesn't withhold that from me later. I figured since I paid her the money, I would be receiving it back from HER. But if she will not give me back the deposit, I do not want to give her rent money....I believe that's fair. She said she has until June 15th to give me the deposit back which I know is some sort of twisted estimate she conjured up in her head. And I was considered a tenant through my landlord...it's just that I am not on the lease, nor is my signature on any paperwork whatsoever.

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