What to do if I rent a room from someone but there is no contract in place and now I want to move?

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What to do if I rent a room from someone but there is no contract in place and now I want to move?

I decided to move out due to some altercations a week before rent was due. I offered to pay utilities for my time here along with rent for the next month due to it being such short notice. I however, was told that I needed to pay rent and utilities even after moving out until I found a replacement. I would like to know my rights, they are an attorney and hold this over my head. Any advice would be greatly appreciated.

Asked on November 29, 2012 under Real Estate Law, North Carolina

Answers:

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

Answered 9 years ago | Contributor

You are never required to find a repancement tenant. However, if you have a lease and you want to terminate it early, then finding a replacement tenant can help to mitigate your damegs. That is, it can relieve you of the obligation to cover rent until the end of your lease.

However, in the case where there is no lease, then you are what is called a "month-to-month" tenant. As such, your only obligation is to provide your landlord with a 30 day notice and pay rent for that time. Even if your notice was less than 30 days, as long as you pay rent for those 30 days, you are relieved from any further liability.


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