Am I Financially Obligated?

Question

Hello,

I am trying to move out of my house currently. I am  a student of The University of Akron, I live with 3 other roommates, we were all sent lease agreements. Everyone sent theirs back signed. I still have not, and I would like to move. The landlord has been sending me invoices to pay rent since October 2015, but I have been living and paying rent on the property since August 2015, although I am still not technically on the lease because I never sent it back signed. My question is, can I move out without any strings attached. Am I financially obligated to keep paying rent on the lease which is 12 months from August 2015 if I move out of the house before the next rent payment owed. The first invoice he sent me was on October 23, and it was the receipt for the months prior to October. I have been paying rent since August. Can I move without any strings attached?

I have applied for a community aid from an attorney at:

but I really dont think I need one really because in my eyes, I never really was on the lease to begin with. What do you guys think?

Karen Margrave · Answer

@Tom Forrest Are your roommates friends of yours?

It seems to me that the other roommates, and the landlord have all performed on their ends of the deal. You on the other hand gave your word, and want to go back on it. As the saying goes, "You are only as good as your word" and right now yours isn't looking too valuable. You haven't given any reason why you shouldn't continue to rent the space

My suggestion would be that if you don't want to live there, find a suitable roommate to take your place and do right by the landlord.

You may end up moving, getting sued, owing money, plus have no references for future rental, and lose friends. Is it worth it?

Mike Wood · Answer

@Tom Forrest Are you living there - Yes. Did you know that it was a twelve month lease - Yes.  Should you have signed the lease as soon as you moved in - Yes.

If you bail on your roommates, they would either have to find someone to replace you, or the other roommate will be responsible for your part of the rent.
You obviously agreed to rent this place, you need to do the right thing and pay your rent.

If you want to move, find someone that will take over your rent and your roommates can live with. Otherwise, do what you agreed to do.

Bill Gulley · Answer

So, you're going to hang your buddies and bug out. Lest you can do is find someone to replace you and give them and the landlord a 30 day notice, you don't have to stay there but you need to cover the obligations you made. The thing about the Statute of Frauds, implied warranties and representations can apply from verbal agreements, but since you sand bagged on the lease contract you're in a month to month I'd say, you don't need a lease agreement to be liable, you're living there! Work it out :)

Jeff B. · Answer

You need to reevaluate your morals.  This kind of  thinking and behavior will never make you a leader in any vocation.

Very disappointed to see your choice here.

Karen Margrave · Answer

@Tom Forrest Welcome to BP! Though this is a great place to get advice on all things related to real estate, your question should be taken up with an attorney in your area.

You haven't given enough of the details for anyone to actually give you an opinion. For instance, what was the verbal agreement when you moved in? How were you chosen to live in the house? If you knew the lease was to be for one year and you've been there since August, why do you think you shouldn't be held to the lease (even if unsigned)

The problem I have with your situation is that if the property owner leases rooms to college students, there's only a small window of time to line up tenants. If a tenant leaves in mid stream, it causes a hardship for the landlord if he cannot find a new tenant.

Jacqueline Carrington · Answer

Seems like you purposefully didn't sign the lease because you never had "time", but you had "time" to live there and pay rent. Give proper notice to your landlord and roommates so that they could find another person.

I would pay a little extra to help with the vacancy that you are causing as well.

Cal C. · Answer

You're probably not legally obligated since your roommates and the landlord stupidly trusted you to do the right thing and didn't evict you when you didn't sign the lease.  I believe you can legally get out of the lease by giving the required notice for verbal leases in your jurisdiction.

Morally you are absolutely obligated!

Josue Guerrero · Answer

Tom, that's definitely something that's better to be discussed with an attorney. From the current sound of it though, things don't exactly look like they're going to end well between you and the landlord, unfortunately.

Tom Forrest · Answer

The verbal engagement was with one of my roommates, the only thing I told the landlord was when I got the time I would sign the lease but I never have.

David Dachtera · Answer

I am not an attorney. However, my personal opinion is that that the landlord made a request, you complied. In my mind, that constitutes an agreement. You may need an attorney if you can't find the right thing for you to do.

Am I Financially Obligated?

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