Legal Question (Lease Related)

[char]

I need to move out of my living situation with two other roommates for various reasons...

I have been a tenant since Sept. '04 and the lease runs until Aug. 31st but I recently discovered that I never actually signed the lease.

Could I be held liable for any rent due for the remainder of the lease? IE- If the other 2 roommates can't find a replacement can they come after me in small claims court for the rent for July and August? I think the answer is no, but I need to cover my bases here.

[lemon boy]

shoot the hostage!

[smmokan]

If you never signed anything, then you're not legally bound to any requirements in the lease. Common courtesy says you should try to find a replacement, but once you make the effort, I think your work here is done.

[Clack]

If one of the reasons you need to move out is that your roomates are creating a shitty living situation, take off and don't think twice. If not it's just a dick move.

[Core Shot]

In most states, you can have oral rental agreements.
Some states only allow short rental periods without written agreements.
The great thing about an oral lease is you get to have a pissing match about what the terms are.
If anything, you could most likely be held on a month to month lease, so if you give them one months notice, you should be extra covered.
the real problem might be if they can find witnesses (other than themselves) who heard you state that you agreed to be bound to the whole 1 year term (and assuming WA state allows this).

I would give them a one month notice (before May is over) that you are leaving at the end of June. That provides evidence that you thought you were on a month to month lease, and gives them time to find a replacement tenant.

Also, far more people threaten to go to small claims than actually do so.

Disclaimer: I know nothing about WA state or Seattle laws or regs. this is just general info.

[mattitude]

In most states, you can have oral rental agreements.

We need to get Yoga, Splat and honey pie in on this!

[mr_gyptian]

mind you this was chicago. a place with extremely favorable laws for landlords. my roommate and I had the lease and had not signed it. our landlord had committed numerous violations, but nothing that would have been even worth small claims court. so, we just up and moved out. didn't pay the last month's rent, therefore the damage deposit that we likely wouldn't have recouped became moot.

bottom line if you paid first and last and/or a damage deposit do not expect the damage back.

[char]

Not a good living situation for me right now.

I'm planning on paying June rent, giving notice in the next week and moving out June 10thish...

I was concerned about potentially caught in some sort of weird state statute, which there may be? Rusty? Girlski?

Thanks for the info so far.

[mr_gyptian]

how are you tied to it financially?

[SkiingBear]

Your offer to pay your June contribution could really work for you. If you're willing to pay for June, but be out before then, you just point out that if they find someone to take your place quickly they make out for that month. Make it sound like you're doing them a favor.

I'm no legal expert, but if you haven't signed anything, and you're giving them notice, and you're paying for time that you won't be there...I would guess you should be free and clear.

[char]

how are you tied to it financially?

Well, it would appear that I have no financial obligation. They are "freinds", but I can no longer stand to be around the drugs and alcohol, odd hours and loud, drunk behavior late at night. I have a degree I need to finish in the next 3 weeks.

I have no desire to dick these people over, thus the offer to pay June rent. That gives them a month and a half to either figure out financials themselves or find a new roommate. Fair? Legal?

[Sphinx]

That's fair in my book. Month and a half is a long time as far as housing goes.