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I'm not searching for legal advice, just an answer to my question. I
recently moved into an apartment with two friends but now due to
personal financial reasons, I'm having to leave. I doing all I can to
find someone to replace me and I'm confident that I will. I just want
to know, that if it comes down to it, am I legally responsible for
further rent or charges if I never actually signed a lease
agreement/document. My name is associated with the apartment but only
because a letter was sent by roommates stating I would be moving in
and another person was moving out. The letter was notarized so I
don't know if that makes a difference. The only thing the apartment
complex has anything with my signature on it is a form I filled out
for a credit check before I moved in. That's all. Like I said, I've
never actually signed anything (nor have I even given in a security
deposit because they've never asked for it) so I just want to know if
I'm legally bound to anything. Thank you.
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On 24 Jan 2004 16:04:25 -0800, jmeyer3us@yahoo.com (Jeff Meyer) wrote:
just want to know if
I'm legally bound to anything. Thank you.
Nope.
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You must give a 30 day notice of intent to vacate, if you don't, you will be
liable for your part of next month's rent. DO IT NOW!
I've seen many cases where a roommate left w/o such notice and lost when sued.
"If life were like a box of chocolates, everyone would be black and expire in 2
years."
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You clearly have no written contract, but you may have a legally binding
oral contract with your roommates. Assuming you have an oral contract of
a month to month sublet is reasonable given the facts. On the other hand
I assume you told them you are moving out, in which case you have given
them notice of terminating your month to month sublet. Since you may be
held liable for rent for the last month if you can't prove giving
notice, consider giving them notice in writing.
Jeff Meyer wrote:
I'm not searching for legal advice, just an answer to my question. I
recently moved into an apartment with two friends but now due to
personal financial reasons, I'm having to leave. I doing all I can to
find someone to replace me and I'm confident that I will. I just want
to know, that if it comes down to it, am I legally responsible for
further rent or charges if I never actually signed a lease
agreement/document. My name is associated with the apartment but only
because a letter was sent by roommates stating I would be moving in
and another person was moving out. The letter was notarized so I
don't know if that makes a difference. The only thing the apartment
complex has anything with my signature on it is a form I filled out
for a credit check before I moved in. That's all. Like I said, I've
never actually signed anything (nor have I even given in a security
deposit because they've never asked for it) so I just want to know if
I'm legally bound to anything. Thank you.
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Yes, I have informed them of my intention to move out. Obviously I'll
be paying for January and I told them I could pay for February if
necessary. Just curious how an oral contract is binding. Doesn't
something have to be in writing? And the fact that my name is listed
on the lease but that I never signed anything doesn't have any
bearing?
Thomas Anantharaman <tsa@biostat.wisc.edu> wrote in message news:<NoFQb.15572$1V6.4205@fe13.usenetserver.com>...
You clearly have no written contract, but you may have a legally binding
oral contract with your roommates. Assuming you have an oral contract of
a month to month sublet is reasonable given the facts. On the other hand
I assume you told them you are moving out, in which case you have given
them notice of terminating your month to month sublet. Since you may be
held liable for rent for the last month if you can't prove giving
notice, consider giving them notice in writing.
Jeff Meyer wrote:
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On 25 Jan 2004 06:03:31 -0800 Jeff Meyer <jmeyer3us@yahoo.com> whittled these words:
Yes, I have informed them of my intention to move out. Obviously I'll
be paying for January and I told them I could pay for February if
necessary. Just curious how an oral contract is binding.
Doesn't
something have to be in writing?
Most oral contracts are binding. There are a few specific exceptions that
are required to be evidenced by a wrtiing. Even then that evidence does
not need to be what many of us envision as "a contract." One deal
involved some 30 million dollars with the essential terms outlined on a
cocktail napkin.
And the fact that my name is listed
on the lease but that I never signed anything doesn't have any
bearing?
It very much has a bearing. It is evidence, not proof, that you agreed to
the terms of the contract. That you have been performing under that
contract by moving in and paying your share of rent also is evidence that
you agreed to the terms of the contract. The credit card information you
provided is also evidence that you were aware of the contract, and
intended to be a part of it. Again supported by the fact you moved in.
Whether it is sufficient to hold you under the lease terms I couldn't say.
Should you be unable to find a replacement roommate there is a very
distinct possibility you will be liable for rent until such time as you
find such a replacement. But that is all that it is, a possibility. For
legal advice as to whether that is the law in your jurisdicition and your
set of circumstances - well for THAT you will have to seek legal advice,
not just an answer.
Diane Blackman
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Hopefully, and I seriously doubt it will, it won't come to any legal
proceedings. Thanks for the info. It was informative.
TOTE@dog-play.com wrote in message news:<bv13hj$lrafp$1@ID-80796.news.uni-berlin.de>...
On 25 Jan 2004 06:03:31 -0800 Jeff Meyer <jmeyer3us@yahoo.com> whittled these words:
Most oral contracts are binding. There are a few specific exceptions that
are required to be evidenced by a wrtiing. Even then that evidence does
not need to be what many of us envision as "a contract." One deal
involved some 30 million dollars with the essential terms outlined on a
cocktail napkin.
It very much has a bearing. It is evidence, not proof, that you agreed to
the terms of the contract. That you have been performing under that
contract by moving in and paying your share of rent also is evidence that
you agreed to the terms of the contract. The credit card information you
provided is also evidence that you were aware of the contract, and
intended to be a part of it. Again supported by the fact you moved in.
Whether it is sufficient to hold you under the lease terms I couldn't say.
Should you be unable to find a replacement roommate there is a very
distinct possibility you will be liable for rent until such time as you
find such a replacement. But that is all that it is, a possibility. For
legal advice as to whether that is the law in your jurisdicition and your
set of circumstances - well for THAT you will have to seek legal advice,
not just an answer.
Diane Blackman
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