Moving out early when you didn't sign a lease

[cls0411]

My roommates and I are looking to move out of our apartment 2 months early but here is the kicker, they never had us sign a lease. The office is really unorganized and we have had 4 property managers in the past year. I’m surprised no one realizes they don’t have a lease with our signatures on it. We are supposed to stay for 4 more months but if we give our 60 day notice now can we legally move out in 2 months? I’m no legal expert but I’m thinking if they have no document with us agreeing to the lease term then technically they can’t hold us to that right?

[Colibri]

Since this involves legal advice, it’s best suited to IMHO.

Colibri
General Questions Moderator

[lazybratsche]

Check your local rental laws. In a lot of big cities, there are straightforward handbooks for tenants that will outline your rights. I suspect that you will find there is some sort of legally specified way to terminate a “month-to-month” tenancy.

(IANAL but when my last lease expired, I just said “no thank you” to signing a new lease since I was expecting to move soon. When it was time to move, I gave 30-day notice according to local law, and sent a final check. Still, since wanted to make sure I’d get my deposit back, I was exceedingly helpful and polite for that last month…)

[watchwolf49]

Great call, lazybratsche, typically there’s specific provisions in the law that would make the OPs’ tenancy a “month-to-month” form of contract … so the 60-day notice might even be overkill.

Get that handbook, read it … tenants have specific rights and rental managers have a well-deserved reputation for ignoring them.

[boytyperanma]

@cls0411

My roommates and I are looking to move out of our apartment 2 months early but here is the kicker, they never had us sign a lease. The office is really unorganized and we have had 4 property managers in the past year. I’m surprised no one realizes they don’t have a lease with our signatures on it. We are supposed to stay for 4 more months but if we give our 60 day notice now can we legally move out in 2 months? I’m no legal expert but I’m thinking if they have no document with us agreeing to the lease term then technically they can’t hold us to that right?

Verbal agreements can still be binding, they don’t need paperwork, they only need to prove you agreed to it. If you find yourself in court, lying about what you agreed to is a really bad idea.

If every tenant must agree to a one year lease and you are leaving prior to being there one year, they might catch on and challenge you.

In your position I’d notify them you intend to leave in writing. Then ask about the terms of having your security deposit and final walk through in email. They would have a more difficult time after the fact enforcing a lease if your leaving appears to be a mutual agreement.

[Omar_Little]

@boytyperanma

Verbal agreements can still be binding, they don’t need paperwork, they only need to prove you agreed to it.

With the exception to the Statute of Frauds that requires that certain contracts have to be in writing for them to be valid.

Traditionally, the statute of frauds requires a signed writing in the following circumstances:
Contracts in consideration of marriage. This provision covers prenuptial agreements.
Contracts that cannot be performed within one year. However, contracts of indefinite duration do not fall under the statute of frauds regardless of how long the performance actually takes.
Contracts for the transfer of an interest in land. This applies not only to a contract to sell land but also to any other contract in which land or an interest in it is disposed, such as the grant of a mortgage or an easement.
Contracts by the executor of a will to pay a debt of the estate with his own money.
Contracts for the sale of goods totaling $500 or more.
Contracts in which one party becomes a surety (acts as guarantor) for another party’s debt or other obligation.