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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Posts: n/a
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Im subleasing and wand to leave
I am living in a house leased by a roomate (Justin). We all moved in
together and the landlord agreed, however only Justin's name was put on the lease, so i am an undocumented sub leaser. After months of living here, I have witnessed many lease agreements broken by Justin (Damages to property, allowing others to move in without notifying the landlord, etc..) My question\'s are: 1. Can I move out at any desired time? (with or without notification) 2. I am in fear of him damaging my personal property and need to leave immediately and do not have the funds to move out after this months rent... Do i have to pay this months rent? Thank you much for your help!!! |
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#2 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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If you have no lease, you are considered a month to month tenant or a tenant at will. You must provide your LL (Justin) with the appropriate written notice to vacate as required by your state law. This is usually 30 days, but can be shorter depending on the state. (Please provide your state's name.) You must pay rent for these 30 days (yes, you have to pay your rent). I suggest you lock your room door and take photos to protect your property. Some states require that you give this notice at the beginning of the month when your rent is due.
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#3 |
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Posts: n/a
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I live in Colorado. Also i might add that we pay a month ahead of time so we have already paid for this month at the end of last month, if we give 30 days notice right now we would be leaving 1 week into March which would require us to pay for March also right???
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#4 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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You would need to check the notice requirements for Colorado. The amount of notice required on a month to month tenancy is only 10 days for the tenant. But please read Colo. Revised Statute 13-40-107 to see when this notice must be given. Some states require you to give notice at the beginning of the month, some say at the end of a month, others say you can give notice at any time. Please see when you have to give this notice. If you may give it at any time, you can likely move out at the end of the month with no other notice or payments. The other thing is to check your written agreement if you have one It may require a different amount of notice than state law. Make sure you give written notice to vacate and quote the statute above (check it to be sure it has not changed recently) when you give notice. Keep a copy of the notice for yourself. If your rent is already paid for the month and the notice period is still only 10 days, you can start moving out immediately since the rent is already paid.
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