Can my roommate move out without a 30 day notice even though we don’t have a lease or rental agreement?

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Can my roommate move out without a 30 day notice even though we don’t have a lease or rental agreement?

My roommate moved in with me the end of January to help me out. We got into an argument and she moved out before March 1st. I am not sure if I am legally allowed to charge her for the month of March since she didn’t give a 30 day notice and we do not have a rental or lease agreement.

Asked on March 1, 2011 under Real Estate Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is no lease, then a tenant, including your roommate is a month-to-month tenant. A month-to-month tenancy may be terminated by either party with--as the name implies--a month or 30 days notice. That means that if a month-to-month tenant fails to provide 30 days notice, she can be held liable for a month of rent. Furthermore, if the landlord has a security deposit from that tenant, then that deposit can be used to satisfy unpaid rent, if the tenant who moved out won't pay it; that is, the landlord can take the month of rent that is due for inadequate notice out of  the security deposit, if necessary. So yes, if there was not enough notice, you may charge her for a month.


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