Misrepresentation in Month-to-Month Arrangement

I have been renting a room and paying 1/2 utilities for approx. 4 months. I recently found a new place to live (alone) and am moving out of my current residence this week. However, my roommate (who does not own the property - his parents do) says that I owe him for all of next month's rent. We have no lease. Termination was never discussed. Plus, I know he misrepresented me before I agreed to move in. He told me his GF and his GF's dog stay over maybe once a week, tops. Turns out the GF practically lives there and has her own key, even coming and going when my roommate is out of state. Plus, the dog lives there 99% of the time. I did not agree to these conditions. Nor did I agree to have illegal substance on the premise, although my roommate and his GF have allowed that to take place, in the presense of guests (siblings). I know this because I woke up suffocating in the smell. I could be dimissed from my job for being around this substance. Not to mention is affected my peace of mind and my ability to feel safe there.

My roommate keeps saying I owe him all of the rent for next month. I have not been responding; he sent an email today saying he is going to give this issue to a lawyer and that I will need to pay him on the 1st of the month. I think this is boder-line harassment.

I guess I need to know what to do and how to proceed, if this gets any uglier and I'm taken to court.

Thanks.

[OHlandlord]

I need a little more information. 1) First I need to know your state/country since the time lines are different for each area.

You are a "month to month tenant" or a "tenant at will" when you have no lease. That means you can terminate your agreement at any time with only the required notice for your state. The amount of notice you must give differs in each state (hence my question above).

2) Did you give your roommate a written notice to vacate the unit, or was it a verbal one? 3) When did you give him notice and when did/will you move out? Which state you are in also determines when you have to give this notice. In some states you must give notices at the beginning of the month, in others you may give notice at any time. Also 4) What day of the month was your rent due (the 1st)? This also affects the timing of the notice.

If you are in a state where notices must be given at the beginning of your rent cycle (on the 1st) and you gave it at a different time, or if you did not give enough notice as per your state law, you may have to pay him for the next month's rent for lack of proper notice. Please post the above information and I will be able to answer this question of whether you must pay the rent or not.

Thanks for the response.

Here's more information:

I gave notice via email on Jan 18th. I plan to move the first of Feb.
I live in Arizona.
I pay rent on the first of the month.

Why I decided to move so quickly was that I found a deal on a 1-bedroom. I had been looking for a couple months now - after I realized he had misrepresented things to me (the GF having a key, the illegal drugs). From what I've read, you can break even a written lease if something has been misrepresented. I guess I think putting my job at risk (by having pot on the premise) is a pretty big deal to me - not to mention never disclosing the GF had a key. I found out when my roommate was out of the state, and she just showed up! Annoying.

Anyhow, thanks again for your help.

[OHlandlord]

OK, In AZ on a m2m agreement, you need to give 30 days notice. (AZ Revised Statute Ann. 33-1375) Based on giving notice only on 1/18, you have not given 30 days notice. Please read the above statute to see if notices must be given at the beginning of a term or at anytime during the term. If you must give notice at the beginning of a term, the notice did not take effect until 2/1 and you need to pay the rent for all of Feb. If you can give notices at any time, the notice on 1/18 makes you liable for the rent up to Feb 16 (16/30 of a month's rent). Please read this to see how much you must pay. I don't blame you for moving out. However, your state has automatic garnishment laws and should he take this to small claims court, they would take this money out of your paycheck. It would show up on court records for the next LL to see and would hurt your credit.

Do you have a deposit with him? If so, why not ask that he subtract this from the deposit - although most LL's (and people acting as LLs) don't like to do this. He will have to account for your deposit within 14 days of your vacating the unit so be sure to leave your area clean and undamaged. If you don't receive an itemized statement and the return of your deposit within 14 days, you may have a case against him. Also, take photos of your areas (dated digital ones) after cleaning just before you leave in case he claims damages that you did not do. Make sure you return the key to him and give him a forwarding address in writing to send your statement.

The misrepresentation thing will be impossible to prove. You have no agreement written down so no way to prove what conditions were agreed to.

Thanks for the response - again. I'll read the statute and see. I did not pay a deposit, so there is nothing to refund. I suppose that is the silver lining in all of this.

Also, I was told by the local Tenant Advocate Association (or whatever it's called) that I actually have to send a certified letter of my intentions to terminate tenancy; otherwise, he (the roommate) can try and get March's rent from me, as well. Sucks.

It appears the law in AZ favors the LL.

[OHlandlord]

The law in AZ is more LL freindly than many states. Get that notice of vacancy out immediately.