Can I get back rent paid in advance if I’m forced out early?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I get back rent paid in advance if I’m forced out early?

I moved in with a friend who owns a house. He’s in the airforce and got transferred out of state. Instead of selling he decided to rent it out. We agreed I would stay for a year and pay rent. Other tenants moved in to help out. They seemed like decent people, so I paid my rent in advance. Problems with the other tenants are forcing me out sooner than expected. We had a verbal agreement, we didn’t sign anything. Can I get back the rent I paid for the months I won’t be living here?

Asked on May 14, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there was no written lease, you were a month to month tenant on an oral lease. A month to month tenant may terminate his or her tenancy on 30 days notice. A tenant is not responsible for rent under an oral lease for after his or her tenancy is over and he or she is no longer living there. So you  should be able to provide 30 days notice (do so in writing, some way that you can prove delivery) and would not be responsible for rent past that point--which means that it should be returned to you.  If your friend the landlord does not return it, you should be able to sue him for the money.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption