If I’ve given notice to move and am not on the lease, what are my responsibilities?

I have lived with a roommate for the past 15 months. I recently decided to move out for a number of different reasons and gave her 30 days notice. I never signed a lease nor have I ever seen a copy of it but have read that NC law views an oral agreement as a month-to-month lease hence why I gave 30 days notice. I agreed to pay prorated rent for the 5 days I will be there next month, as well as all of the normal utility bills for this month. Upon moving in, I was never asked to pay a security deposit but my roommate is now requesting I pay that before I leave. Can she do this? I just want to know what I’m legally responsible for paying.

Asked on November 7, 2012 under Real Estate Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming that you had no direct agreement with your roommate's landlord and made no rent payments directly to them, you have not attained the staus of full "tenant'. Rather, in the eyes of the law, you will be viewed as a "subtenent'. This means the your roommate is your landlord. That being the case, if you had no formal written agreement between you, you are correct in assumng that you had nothing more than a month-to-month tenancy. Accordingly, 30 days notice to vacate is sufficient. Additionally, you are not now legally required to provide any security deposit) although you can still be held liable for any damages done by you to the premises).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.