This is messed up!

I just moved out of a place about three days ago!

My land lady jacked the rent up by $50 for this month, but because of certain financial conditions that arose about a week ago, I had to move out right away because I couldn't pay that much rent!
I got a letter from my land lady saying that I violated her lease agreement by leaving without a 30 days notice, she's asking me for the rent of this month. I didn't sign any lease, and at any rate, my land lady jacked up my rent that high to chase me out, because she planed on kicking me out by August anyway!

Is this bull shit even legal? I didn't sign anything!

What should I do?

Well, I'm not a lawyer, but I believe that verbal agreements are only legally binding if there is a witness or if it was recorded with both person's consent. Also, if you have always paid the same rent until this month where it was jacked up $50 bucks more, then you are not obligated to pay it because there have been no previous payments of that amount so it does not prove there was any kind of verbal agreement or any binding situation. Now it works both ways with a verbal agreement, she has ever right to jack up the rent (even though that's a moral issue) but you also have the right not to pay it.

[Edited on Jul 10, 2005 by nitewolfe]

Wow, now this is interesting! I just dug through some old papers in my closet and found the lease that she gave me, apparently after I moved in! I guess I never got around to signing it, so it never reached her. I still have it!

So, now who is at fault? She has no lease with my signature on it, because I have the lease, and I never signed it! So there 'was' never a written agreement then!

If you didn't sign, then you have absolutely NO obligations.

Let's assume, for a minute, that it goes to court. If a judge asks her to prove (which as a plaintiff is her responsibility) that you were living there, how can she? If you didn't sign anything and she has no other evidence, then her case has no grounds. It's highly unlikely that she'd sue you anyway, but even still, her case has no water. Even then your signature hasn't been applied to any of the applicable paperwork so the terms were never defined. In cases such as this, there NEEDS to be a lease. The burden to prove is NOT on you.

Don't worry buddy. You're pretty much in the clear.

Yes!

Whoops. That's a two-for-one deal.

[Edited on Jul 10, 2005 by billybillybilly]

Also, I believe that there is some obligation on the part of the landlord to provide you with until your lease is up to jack up prices on you, since - if you HAD signed it - there should be something in the lease saying how much per month you pay.
But I could be making that shit up.

Are there laws in the states about non-lease agreements? I know in Ontario if you are renting without a lease, you must give two months notice before leaving. If not, you are responsible for the property for two months after you move out (including rent). But as billybillybilly said, if taken to court she probably wouldn't have a case either way.

Wouldn't utility bills (including phone/cable/internet) prove that you lived there? Or tax returns or paychecks?
I know nothing about law but 'not having a lease means can't prove that you lived there' doesn't seem logical.
and yes, I am aware that law often isn't logical.

[Edited on Jul 10, 2005 by LuLuKiTTyFoo]

normally, you need to give written notice 30 days in advance of intent to leave the premises with or without a lease being signed...I learned the hard way on that one, I figured that since I didn't re-new my lease, I didn't need to give notice when I moved out, I just packed up and left, but ended up having to pay an extra months rent anyway because I didn't give notice...thats the only thing she could get you on....her raising the rent on you is BS though....

Even if there's proof of being there, if there's no lease then there's no way to prove to a judge what the terms and conditions of a tennent's residence. The lease should set out at least the following; rules and special conditions (i.e. no pets, regulations regarding end of lease terms, what happens if you break the lease, the list goes on and on...), price per month per unit being rented, and how long the lease will last.

State laws are almost always on the side of renters and not rentees but they're required to do at least one major thing first, and that's to be responsible. And to do that, a lease should be involved.

Also, she wouldn't necessarily be able to use utility bills to prove someone was staying there, I don't believe. Unless she had access somehow, but companies don't make it policy to just hand out information about clients, not even electric companies.

Not trying to be a dick, but how is it that you know this applies if you didn't sign a lease? In your case you did sign a lease, or maybe it's a state thing?

Check your state laws online.. if you have a month to month tenancy I doubt you have any obligation to give notice.

Without a lease, you are a "tenant at will." There are certain rules (depending on your state laws), which may include giving notice before moving out--just as your landlord can't throw you out with no notice.

I'm not an expert, but I think you'll have to pay up. Sorry.

From Wikipedia

Alright, you didn't sign a lease, but you had terms of agreement. You'd pay $X every month to live there.

Then she changed the terms of that agreement (+$50/month) without your consent, correct?

Like someone said, it works both ways. You can't break a lease without coming to some sort of an agreement with her, but she can't change the terms of your lease without coming to some sort of an agreement with you. So tell her that the fact that she wanted to change your agreement, you didn't want to, so she should free you from the agreement so she can sign a new lease with someone else.

Now, if you had agreed to pay the extra $50/month before you realized you couldn't afford it, I'd say you're screwed. You agreed to the new terms and that is the agreement that was then in force.

But if you never agreed to changing your agreement, why should you be held liable?

Edit: IANAL and my statements on this subject should not be construed as legal advice or in any way authoritative.

[Edited on Jul 11, 2005 by Cigarette]

All contracts are verbal agreements. Verbal contracts include both written and oral contracts.

Ok, now that I am through nitpicking I just want to point out that oral contracts, if a court finds they exist, are as valid and binding as any other contract.

For the original poster:
A lot of this will vary depending on your states specific laws. It would help to know where you live. Or you might just want to contact your states tenant's association.

World over , like with employees the law is pretty much in your favor most of the time, so I wouldn't worry too much.


Unlike us landlords who have to put up with all your crap

I mean... you can't raise someone's rent without signing a new lease... can you?

Edit: IANAL

[Edited on Jul 11, 2005 by Cigarette]

In this case, maybe. Many states have specific provisions outlining the rules for raising a tenant's rent when there is no lease. If his landlord gave the proper notice then she can raise the rent.

"Poorly informed porn-lookers: Please help solve my somewhat complicated legal problem!"

Ha. When at least 25% of the group you're asking advice from has their dick in their hands as they read your question, you should probably not take any of it too seriously.

I wank to Wapner.

as far as i know you have to sign a new lease to change the amount of rent. now saying that you violated the lease makes me think that she thinks you actually signed one, since she gave you one
so i don't think you have to pay it.

I really would suggest (again) contacting your state's tenant's association.
Please don't rely on your possible lack of a lease to save you from the rent increase. In most cases not having a lease will leave you more vulnerable to an increase. Especially if (as it sounds like she may have done) she gave you adequate notice of the increase.

It's seriously a good idea to listen to this man.