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Never signed lease

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Augie73

Member
What is the name of your state? OH


My ex landlord is taking me to court for pro-rated rent. She put duplex on market and had a buyer. Therefore gave me little time to move out. I never signed a lease, am I liable for partial month rent?
 


FarmerJ

Senior Member
When a tenant does not have a written lease then how much notice to be given by a tenant or landlord is regulated by state law. SO even with a sale of a property if the new owner wanted it empty all tenants are still entitled to the amount of notice a state says Is required So if your state says 30 days notice must be given then that applies to a tenant who wants to move out as well when they don't have a written lease. It can vary , where I live its whole rental period of notice, another I know of says 15 days notice. JUST how much notice were you given to leave ?
 

justalayman

Senior Member
Actually a fixed term lease does not generally have to be in writing but it sounds like you are speaking of a month to month tenancy so the fixed term lease issue doesn’t matter.

Whether you are liable for any rent cannot be determined by what you’ve posted
So lets start with some facts:

Did the landlord give you notice of termination of your tenancy? If so, how much notice were you given?

Or

Did you leave on your own accord and if so, did you provide any notice period and if so, how much notice did you provide?
 

Augie73

Member
When a tenant does not have a written lease then how much notice to be given by a tenant or landlord is regulated by state law. SO even with a sale of a property if the new owner wanted it empty all tenants are still entitled to the amount of notice a state says Is required So if your state says 30 days notice must be given then that applies to a tenant who wants to move out as well when they don't have a written lease. It can vary , where I live its whole rental period of notice, another I know of says 15 days notice. JUST how much notice were you given to leave ?
Ok, my next question, she filed a complaint with small claims court, and is requesting I pay 240 for partial rent. Like I mentioned, never signed lease agreeing to any terms, especially pro-rated rent. She sold the place, you would think she would be satisfied with her lump sum from selling. I am going to show up for date in court n was going to state that I never agreed or signed a lease to these terms. Can it hold up in court?
Actually a fixed term lease does not generally have to be in writing but it sounds like you are speaking of a month to month tenancy so the fixed term lease issue doesn’t matter.

Whether you are liable for any rent cannot be determined by what you’ve posted
So lets start with some facts:

Did the landlord give you notice of termination of your tenancy? If so, how much notice were you given?

Or

Did you leave on your own accord and if so, did you provide any notice period and if so, how much notice did you provide?
She did give me a couple of months notice, and when I found a place I advised her that I would be moved out with a notice 30 days or more. See my roommate moved out prior to original lease being fulfilled. She signed, when that lease was up. She emailed a new month to month lease, but never got signed by me, which this time it had only my name.. LL just told me I could stay till I found a new place prior to my last 15 day's, never mentioned rent, till I was moved out. I did explain to her that I would take care of this, but to give me sometime, I had a difficult time in life, and now back on track. But she had filed through court already. What options do I have. I did read I could go n set up a payment plan, or is it LL word and mine?
 

justalayman

Senior Member
Did you really believe the statement of staying until you found a place was an offer of free housing?
Regardless of any notice, you would be liable for time you lived in the unit unless the landlord specifically stated otherwise.
You now seem to acknowledge you owe the rent. It would be better if you could avoid having a judgment entered against you. That can play havoc with your credit report.
 

Augie73

Member
Did you really believe the statement of staying until you found a place was an offer of free housing?
Regardless of any notice, you would be liable for time you lived in the unit unless the landlord specifically stated otherwise.
You now seem to acknowledge you owe the rent. It would be better if you could avoid having a judgment entered against you. That can play havoc with your credit report.

My next issue has to do with my son. His mother left him to me for over a year now. I pay child support and have mentioned this to case worker overseeing our case. Can I get temporary custody if I contact child services? I have a date to see a pro-bono attorney that will lead me in the right direction. They will just give me the paperwork I need to file and I go alone after this. Any advise on this issue?
 

Augie73

Member
File to modify the child support if nothing else.

Has the mother visited with the child during the year?

Yes, when she feels like it.. I just don't want her to take him, cause technically she has custody. She lives with her boyfriend and when he goes to visit, they have no room set up for him. Sleeps on couch. Mind it, he stays only a day or two, because she has issues with boyfriend when our child acts out. She has left him with me when only 7-8 months and child services came because the way she went about it. Just left on my brother n his wife's door step. Knocked and told sister n law he all mine.. This did not go well with my sister n law. So she called the law and went from there. This is why I ask if I get child services involved first, so that my case can be more favorable to my side. I know this is just advice, but nice to hear input.
 

justalayman

Senior Member
If she has stated she wishes to “give the child to you” as you state, that can be used by you to seek custody. Of course she has a right to change her mind but her actions suggest a truth in the statement.
 

Augie73

Member
If she has stated she wishes to “give the child to you” as you state, that can be used by you to seek custody. Of course she has a right to change her mind but her actions suggest a truth in the statement.
She has never stated to give up custody. Mind it will stop her free money ( child support). Pretty much I am paying to have my son full time. I have to make sure he has everything he needs to live comfortably. This is why I am seeking full custody, I struggle, but he does not go without. I appreciate your advice it has been a pleasure. Enjoy your day.
 

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