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MONTH TO MONTH RENTAL AGREEMENT
ladygurl009
Registered User regular
Registered User regular
Hello, I am on a month to month rental agreement with a roommate. I want to move out of the apartment but my roommate is constantly out of town and is unsure if she wants to leave. My question is if I give a 30 day notice to move out on a month to month rental agreement is my roommate required to consent to my moving also? Do we both have to give a 30 day notice or because I am the only who wants to move am I able to give my notice and leave because we are on a month to month rental agreement? Does our agreement being only month to month and not a term lease give me any right to move without my roommate being their to sign also? Please help!!!
ladygurl009 on
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It would be extremely messed up to give notice and not tell your roommate that they are about to lose someone to pay half the rent and should find a new place to live immediately.
It depends on your jurisdiction to some extent, but if you currently have no contract at all you can just give the landlord notice of when you'll vacate and ask that the bill be prorated to reflect your actual occupancy. Landlords are generally required to give 30 days (sometimes more) notice, but that requirement doesn't exist for tenants unless specified by contract. Whatever happens after you leave is between the landlord and any tenants that remain.
that's why we call it the struggle, you're supposed to sweat
My roommate is fully aware of everything that is going on. She is actually the one who told me to send the notice to vacate but then turns it around and gives me a guilt trip about doing something that she told me to do.
Maybe you should call your landlord and have a conversation with him about it. He'll have the answers you need.
I will tomorrow of course, all of this nonsense went down after the rental office closed. Otherwise I would have, I have anxiety about it so I started trying to find answers because I can't sleep without peace of mind. I feel so terrible for "making her homeless" let her tell it.
Don't do this on this form. Ever. Please keep your aggression, passive or otherwise, to yourself.
If she is "constantly" out of town I would be led to believe that she wouldn't be homeless. Unless she's out of town on business (then rent wouldn't be an issue) or school (then I'm sure she has a alternative residence she could/is use(ing) ) I'm willing to bet she has somewhere she could go.
Don't let her guilt tactics to sway you, stick to your guns and if your going to move out then do so.
I think you said something about worrying about her not paying her half of the rent whilst still within the notice period. Depending on the rental agreement, you may share her culpability for that and should ensure she is aware of her obligation to pay the landlord.
Morally, if it was a joint agreement you will be forcing your roommate to either find a replacment or make a new agreement with the landlord, but if everyone involved is a capable adult, such is life. You are not 'kicking her out on the streets.' That is what the one month notice period is for. To give time for everyone involved to arange new plans.
If the news from you has come as a surprise to your roommate, then she may just be lashing out in shock. Giver her a day or two to calm down and be rational. If she's still trying to lay the guilt trip on you then frankly, fuck her. You're responsible for your own life, not hers and someone willing to try and manipulate and guilt you like that is not someone worth sacrificing your own plans for.
You shouldnt feel guilty about needing to move out.
As far as your roommate, you are under no obligation to keep her rent paid or to provide her with a home whatsoever. She will have to find her own place and guilting someone for moving out and moving on is a pretty shitty thing to. However, bailing on your roommate without even a month's notice to get something else lined up is also a pretty shitty thing to do as you are putting her into a hard financial situation. While you have no legal obligation to your roommate beyond your lease terms, common decency would entail giving a reasonable amount of notice to ensure she has time to not be screwed over by your leaving.
Probably the most reasonable thing to do all around would be wait till the first, declare your intent for the last month, and leave on 8/1. This gives your roommate a month to find other accommodation and allows you to get out in a reasonable time frame. Depending upon your lease/compassion for your roommate you may be able to bail earlier, though.
Your lease also probably says it's a lease between both parties and the landlord, and that it is "jointly and severally" applied
so what you really, really need to do, is talk to your landlord about what you need to do to take just yourself off of the lease.
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