Am I obligated to pay a full month’s rent legally if I only stay 3 days out of the month?

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Am I obligated to pay a full month’s rent legally if I only stay 3 days out of the month?

I rent a room from a person. No written agreement was drawn up and it was just agreed that I pay $500 cash at/by the 1st of every month. I’f I’m moving out on the 3rd. Am I bound by any law to pay more than 3 days worth of rent or to give any notice? I’m being transferred with my company and was given only 1 weeks notice.

Asked on August 30, 2012 under Real Estate Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country even if you are on an oral month-to-month lease of a room with your landlord, you are legally obligated to give at least thirty (30) days written notice of your intent to terminate your lease. If you have failed to do so, then you are obligated for rent for all time after you have given the thirty (30) day notice to vacate even if you are not in the rented unit.

It appears that under the laws of all states in this country you would be obligated for a full month of rent even if you only stay three (3) days out of the month if you did not give the required written notice of the termination of your lease to your landlord.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When there is no written lease, it is a month-to-month tenancy on an oral lease.  As the term implies, you must provide a month's notice terminating a month-to-month tenancy; that means that yes, if you move out on 3 days notice, you still owed for the entire month. It is not the landlord's concern that your company gave you inadequate notice, and your issue with your company does not eliminate the landlord's legal right to a month's notice.


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