In Philadelphia, PA, can I move out of a rental that I didn't sign any lease for?

[username35421]

I live in a townhouse in Philadelphia, PA with three roommates my age. When I moved in, I didn't sign a lease. I also live in the basement, which--according to Philadelphia city ordinances, isn't considered a legal living space. The only document I signed was a background check with the actual landlord. The lease the other three roommates signed was for 12 months.

One of the roommates and I had a falling out, and I'd like to move out. Since I didn't sign a lease--and since the room I'm in isn't aligned with Philly housing code, do I have any responsibility to continue paying rent if I move out? Do I need to provide a specific number of days' notice? If so, how much?

I also paid a security deposit to one of the roommates. Legally speaking, am I entitled to get that back?

 

[Gail in Georgia]

To whom are you paying rent (I'm going to assume your roommates but wanted to check).

Gail

 

[username35421]

Great question. So actually, we all pay the landlord via a mobile app. Our payments get combined and equal the total rent due on the property at the start of every month.

 

[FarmerJ]

Your roommates have little say in this problem them since you are paying the LL and obviously the LL knows the basement is not a legal bedroom I would suggest you notify the LL in writing via certified mail that you have discovered the basement is not up to code to be a bedroom and your going to move out un less he /she would rather you give a longer notice and call in ( AKA condemnation ) Im sure your landlord would be happy to gracefully allow you to move out with out a proper notice ( Do take a lot of pictures of your set up there to show how it is before moving any thing out . If the LL has a rental license posted make a copy of it or take a pic of it IF it says how many bedrooms the unit has , rental licenses where required normally are posted in conspicuous places such as in common halls, near front or back doors, some LLs put them up near utility meter.

 

[username35421]

Would the fact I didn't sign the lease be sufficient enough to just give 30 days notice to the landlord, though?

In other words, is the only way I'd be able to get out of this the fact that the room isn't up to code? Or would the absence of a lease with my signature on it also be an argument I could make to the landlord?

 

[FarmerJ]

with out a written lease that spells it out then you are what can be called a month to month at will tenant , meaning at any time since you are paying the landlord directly the landlord can issue to you a proper notice to move out, raise rent, tell you no more pets etc same way with you if you want to move out your free to give proper notice and leave, roommates have zero say in this since your not on the lease with them you don't have to stay , If you were paying the other tenants and they then paid the LL I would say that you are a sub tenant of theirs SO it would be fair to give them your notice too BUT with out a written lease saying other wise your free to go. As so what you have already paid there is no refund im aware of in your state when a tenant pays rent to live in a not legal for sleeping area. You didn't say if you paid a deposit or to whom you paid it . You wrote >>>In other words, is the only way I'd be able to get out of this the fact that the room isn't up to code? Or would the absence of a lease with my signature on it also be an argument I could make to the landlord? << its both , the landlord must know you aren't sharing a bedroom with another roommate and you are not obligated to a written lease that does not exist. Should we assume that the unit is occupied by college age tenants ? if so I am going to lay odds once you move out history will repeat itself.

 

[username35421]

Gotcha. Yeah, the deposit was paid to one of the current roommates. So I guess I'm just out of luck on that front if they don't want to reimburse me, huh?

Thanks for the advice, appreciate it.

 

[bcr229]

Gotcha. Yeah, the deposit was paid to one of the current roommates. So I guess I'm just out of luck on that front if they don't want to reimburse me, huh?

Are you paying utilities separately or are they included in the rent? If separate then those bills won't come in until after you move out, and you can ask your roommates to pay your portion out of the security deposit. There may not be much left afterward.

 

[FarmerJ]

How did you pay the roommate that you gave deposit money to ? personal check ? money order ? cashier check ? cash with receipt ?