On Oct. 10 I got an eviction notice from my roommate, (a no cause eviction). So that gave me a 30 day notice. I found a new place and I’m moving in Nov. 1. Am I required to pay a prorated rent for those 10 days in Nov.?
I am not on any lease and I have no rental contract with the place I’ve been evicted from.
Some one please help! Any input would be great!
Thanks!
As I’ve said before, I’m not a lawyer, so never believe a thing I say regarding this.
That said, since you don’t have any contract of any sort, I’d say you are free to roll without penalty. If you have a written agreement of some sort, then you’d have to post the relavent sections here for anyone to help you…
no written agreement, either!
However I do have security deposit, and I’m worried that she may keep it. I have found info on that though, and she has 30 days to either send me the money, or account for what has happened to it.
I have been evicted a couple of times. Where I live, you are only obligated to pay rent up to, and including the last day you live there. If you aren’t living there, how could you be expected to pay rent?
To be on the safe side, call your local landlord/tenant association, if there is one where you live.
By the way, nice roommate. Sheesh.
Yea, my roommate is a real gem. She gave the eviction, after I gave her a two month notice that I was moving out dec. 1. I guess she got the last word, huh!
I assume that you don’t want to consult a lawyer because the cost will be more than the contested rent.
If there is a law school anywhere near where you live, check to see if they have a clinic that handles landlord-tenant law. You will generally get very good representation (albeit from law students, not lawyers), for free. (The students are supervised by a lawyer, but they run the show unless they do something stupid).
I don’t know the answer to your question, in part because it depends on what state you are in. I think that for most states, you would not be required to pay rent for those ten days, but you need to check the law in your own jurisdiction.
Good luck.
Thanks for all the input… but aren’t there any dopers who are lawyers?
I did call a local university, but since I’m not a student, they couldn’t help.
As usual, it depends on some info you haven’t stated and where you live, because the rules vary from state to state, and even within states from city to city. So I’ll make statements based on general common law property rules (which, again, are subject to change by statute or even local court rules).
Presuming that you were paying rent on a monthly basis, a common law court would hold that you had/have, even without a written lease, a month to month unwritten lease. If your rent has been due on the first of each month, your leasehold can not be terminated without cause (e.g. non-payment of rent) by your landlord (roommate who you’ve been renting from) without at least one full month’s notice. In other words, if you’re given notice on Sept. 30, you’re required to be out on October 31. If you get notice on Oct. 1, you’re required to be out by November 30 (one FULL month minimum).
The notice requirement also work both ways, so you can’t tell your landlord on the 15th that you’re leaving on the 30th of the same month.
Which is to say, neither you nor your roommate is correct, under common law rules. However, seeing as it will probably be easier for your roommate to find a replacement for the first of the month than the 10th, your roommate may prefer having you out on the earlier date anyway.
And if you bail on the 1st and haven’t paid through the 10th, what’s the likelihood you’ll be sued for 10 days rent anyway? It probably wouldn’t be worth your roommates time (of course, you might not to burn bridges behind you either).
The above is not meant to be legal advice, but merely me being pedantic. If you use the above as advice and get screwed by not retaining an attorney, don’t expect sympathy or compensation from me for your failure to retain an attorney who would know all the facts and local law.
>> common law ??
How about some common sense? I don’t think the Supreme Court would take this case. Have you thought of the possibility, maybe, of talking things over and arriving at an arrangement that would be acceptable to both sides?
Trying to argue this on legal merits is like trying to argue whose turn it is to do the dishes. I would try to resolve it amicably and, if that doesn’t work, screw them and let them sue me.
Too true, sailor. I’m the first to say people are too quick to litigate, and simply sitting down and talking is no doubt the best way to resolve the problem. One comment I frequently make is that litigation is the result of someone making a mistake, often of poor communication or poor negotiation.
However, the OP appeared to be asking if she was legally required to pay for the first 10 days of November, (“Am I required to pay a prorated rent for those 10 days in Nov.?”) so I gave her the general common law property answer. No, it wouldn’t go to the USSC, and it really doesn’t even belong in small claims court, the situation really should be resolved at the kitchen table.
Talking things out WOULD be the ideal thing, however I’m not dealing with a person capable of ration or reason. Part of the reason why I had put in my notice was because her passive aggressive behavior had passed over to just plain agressive (verbal put-downs and cursing).
The only way she communicates with me is through other housemates or via notes.
The reason I wanted legal advise, is because if I have no legal merit, then I’m going to pay, I’m not trying to screw her over, I just want to know if I’m required to pay for those ten days give the situation.
by the way my state is oregon… city portland… if that helps…
That sort of helps. I’m in Chicago, Illinois, so now I know I don’t know what your local rules are, and I’m not qualified to tell you about them.
You obviously have access to a computer. Take a look at
The Oregon Bar Association’s Legal Links for the Public
to see if you can find a clinic or local lawyer to answer your questions, or who can give you free advice.
NO, of course you don’t have to pay the 10 days. A 30 day notice means up to 30 days. You don’t have to move out exactly at midnight on Nov. 9 (october has 31 days).
Lawyer here, not giving legal advice in any way … (Man, when did I get so anal about potential liability for legal advice? :rolleyes:)
IIRC, in many jurisdictions, the courts and/or the law recognize that apartments are generally rented on the first of each month, and therefore hold that a 30-day notice (at least for no cause evictions) extends to the last day of the month in which the 30 days expires. In your case, that would mean that you really didn’t have to move until November 30th.
That being said, once you are given notice, you can choose when to move out (before the eviction date), and you only have to pay rent for the time in which you are actually still living there (including prorated amounts.)
Therefore, it’s my educated guess that you don’t owe roomie a penny for for November.
Sua
So it got resolved…
unfortunatly, I owe rent until the termination of my tenacy… which means even though I’m moving out on the first, my tenacy isn’t legally terminated until Nov. 10…
The BITCH wins again, damn her!
Thanks for all your input!
I still wouldn’t pay for the extra 10 days, & I’d probably “accidentally” do some damage on the way out.