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2 peep renting without lease, one prematurely flees unexpectedly

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  • 2 peep renting without lease, one prematurely flees unexpectedly

    2 people live together in a 2 bed apart., NO LEASE. 1, (with the only excuse of having too much drama when he gets back from work) decides to leave 3 days before the end of the month without giving hes roommate or the landlord notice on he's "very soon' to come actions. Leaving one tenant stranded, for the month to come, and the landlord short half that months rent. Is there by law still a requirement for a giving a notice, with or without lease? And if so, of how many days? tx guys

  • #2
    Re: 2 peep renting without lease, one prematurely flees unexpectedly

    The departing tenant is responsible to give proper notice to vacate, no matter the reason to vacate. Without a lease, the tenant must give the proper amount of notice for a month to month (or at will) tenant. The amount of notice differs from state to state and you would have to list your state to be given the proper amount of notice required. The notice can be as few as 7 days or as long as 60 days. The departing tenant is responsible for the rent for the notice period.

    The remaining tenant is still responsible for the entire rent amount to the LL. The LL can refuse a partial rent, serve notice for failure to pay to the unit for both tenants, and file eviction against both tenants for this. The fact that one tenant left does not excuse the remaining tenant from paying the rent in full. I suggest you pay the rent in full to the LL. The remaining tenant can then sue the departing tenant in small claims court for the 1/2 of the rent that would be due.

    Since no notice was given, the LL and remaining tenant would use the departure date as the date of notice. (That is when both were made aware that the tenant wanted to leave.) The departing tenant would remain liable for the rent for the notice period starting on that date.

    If you plan on leaving, give the LL notice now that you will be moving. You still owe full rent for this month, but you probably would owe him no rent beyond that (depending on the length of the notice period). If you plan to stay, pay the full rent and start looking for a new roommate. I doubt the LL will allow you to stay if he doesn't get all his rent this month.

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