As was foretold, we've added advertisements to the forums! If you have questions, or if you encounter any bugs, please visit this thread: https://forums.penny-arcade.com/discussion/240191/forum-advertisement-faq-and-reports-thread/
Options

MONTH TO MONTH RENTAL AGREEMENT

ladygurl009ladygurl009 Registered User regular
edited June 2012 in Help / Advice Forum
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

Posts

  • Options
    GafotoGafoto Registered User regular
    If you're no longer on a lease then you are living in the apartment at will. Give 30 days and then it's the problem of the landlord and the roommate to find someone else to pay the rent (if the roommate stays).

    sierracrest.jpg
  • Options
    ladygurl009ladygurl009 Registered User regular
    Thank you... I'm so stressed about this. So if I put in my notice tomorrow and I move out in 30 days if my roommate ends up not paying to rent for August it will not affect me in any way? for July's rent I will be responsible for how much rent is due up until the point that I move out which would be the 12th of July if I give notice tomorrow?

  • Options
    NotYouNotYou Registered User regular
    Can't you just call your roommate? Is he/she in the depths of a rainforest or visiting Antartica or something?

    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.

  • Options
    GafotoGafoto Registered User regular
    Generally the acceptable thing to do is give 30 days notice on the first of the month, when you pay rent. This gives the landlord and possibly your roommate 30 days to line up a new living situation. So unless you're totally desperate you would give notice on the 1st of July, pay rent for that month and move out the last day of that month to a new place. If you need to move out sooner talk to your landlord and roommate about it.

    sierracrest.jpg
  • Options
    Eat it You Nasty Pig.Eat it You Nasty Pig. tell homeland security 'we are the bomb'Registered User regular
    Thank you... I'm so stressed about this. So if I put in my notice tomorrow and I move out in 30 days if my roommate ends up not paying to rent for August it will not affect me in any way? for July's rent I will be responsible for how much rent is due up until the point that I move out which would be the 12th of July if I give notice tomorrow?

    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.

    NREqxl5.jpg
    it was the smallest on the list but
    Pluto was a planet and I'll never forget
  • Options
    ladygurl009ladygurl009 Registered User regular
    Not you...I didnt say I wasnt going to tell my roommate... I just need to act quickly before I am responsible for anymore rent for the next month. she knows what is going on but I don't want to wait for her to come back to town before I give my notice because I don't want to wait that long. Is that ok with you?

  • Options
    ladygurl009ladygurl009 Registered User regular
    Gafoto I cannot wait until the beginning of the month because I am unsure my roomate is going to be able to pay her half of the rent for the Full month of July so if I give my notice tomorrow I will be able to give my half of the rent up until the point that I moved. I dont want an eviction on my credit because of her. I'm getting married soon and would hate to burden my new husband with that. We initially had agreed to both move out but she doesnt have a place to go . She keeps sending me messages telling me she thinks im f***ed up for making her homeless . So this is why I am asking because I was unsure if we both had to leave if I gave notice to the complex because she is telling me that we both would have to go and there is no way I could give notice without both of us leaving...I don't believe her thats why I am asking because my agreement doesn't specify. I want to just go without her and let her figure herself out so she isn't out on the streets because I feel so awful about all of this but I cant support her anymore. I have gone through this way too long and I am sick of being stressed because she isnt doing everything necessary to find a new job I would think at this point any job will due so she can support her family but she doesn't agree with me shes such a mooch! Sorry for telling you my life story. Thanks for answering my question

  • Options
    ladygurl009ladygurl009 Registered User regular
    NotYou wrote: »
    Can't you just call your roommate? Is he/she in the depths of a rainforest or visiting Antartica or something?

    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.

    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.

  • Options
    EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    Not you...I didnt say I wasnt going to tell my roommate... I just need to act quickly before I am responsible for anymore rent for the next month. she knows what is going on but I don't want to wait for her to come back to town before I give my notice because I don't want to wait that long. Is that ok with you?

    Maybe you should call your landlord and have a conversation with him about it. He'll have the answers you need.

  • Options
    ladygurl009ladygurl009 Registered User regular
    Esh wrote: »
    Not you...I didnt say I wasnt going to tell my roommate... I just need to act quickly before I am responsible for anymore rent for the next month. she knows what is going on but I don't want to wait for her to come back to town before I give my notice because I don't want to wait that long. Is that ok with you?

    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.

  • Options
    ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator mod
    Is that ok with you?

    Don't do this on this form. Ever. Please keep your aggression, passive or otherwise, to yourself.

    And it seems like all is dying, and would leave the world to mourn
  • Options
    iRevertiRevert Tactical Martha Stewart Registered User regular
    edited June 2012
    Esh wrote: »
    Not you...I didnt say I wasnt going to tell my roommate... I just need to act quickly before I am responsible for anymore rent for the next month. she knows what is going on but I don't want to wait for her to come back to town before I give my notice because I don't want to wait that long. Is that ok with you?

    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.

    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.

    iRevert on
  • Options
    Jam WarriorJam Warrior Registered User regular
    edited June 2012
    Legally, month to month means you give a months notice, it's no longer your problem. No legal worries at all.

    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.

    Jam Warrior on
    MhCw7nZ.gif
  • Options
    azith28azith28 Registered User regular
    Whos name is on the lease? thats the big question. if its your roommates then sure shes going to be irritated because she either has to find a replacement that she trusts quickly or pay the full rent. my brother got stuck in a similar situation when his roomate moved out.

    You shouldnt feel guilty about needing to move out.

    Stercus, Stercus, Stercus, Morituri Sum
  • Options
    DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited June 2012
    Check your lease. There's a pretty good chance there is not a provision for pro-rating next months rent, so you may be on the hook till 8/1. But yeah, jurisdictions, ymmv, and all that.

    Deebaser on
  • Options
    EncEnc A Fool with Compassion Pronouns: He, Him, HisRegistered User regular
    If you have a lease agreement, you are bound by the terms of your lease agreement. If you have no lease agreement, you are under no obligation to stay at the residence aside. It is good form and good legal sense to honor your verbal agreements, but depending on your state and locality you might not be liable to just walk away. You will need to look at the particulars of your agreement to figure this 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.

  • Options
    RUNN1NGMANRUNN1NGMAN Registered User regular
    One issue with month-to-month agreements, is that they usually, by contract or by function of state law, require 30 days notice based on the rent cycle. So you would need to give notice at least 30 days before your last rent check would be due. This varies, but you should check to make sure.

  • Options
    JohnnyCacheJohnnyCache Starting Defense Place at the tableRegistered User regular
    What your lease agreement probably says is after the years' lease is up, it moves to month to month on what are otherwise the same terms.

    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.

Sign In or Register to comment.