Fuzzy departure contract

[Jena]

I've recently been forced out of an apartment by roommates who wanted me out for reasons that they still won't disclose. A verbal contract was made and fulfilled with the landlords who were very easy to work with in the issue of their lease agreement. It's the roommates that are holding out on a Departure agreement written at the last minute. There's a statement asking for a 10 day notice before a roommate moves out, in exchange for the remaining roommates taking over rent. They were verbally told that I was leaving more than 30 days before I actually left, with written notice coming a couple days before the departure, as soon as the verification of someplace new to live came through. Now, nearly 3 weeks later, they are claiming that I must pay the rent remaining since I didn't give them ten days written notice. Nowhere in the departure agreement does it say that departing roommate will pay last month's rent, and at the time of signing I was told they'd split the rent regardless, just as long as I got out. They're now threatening legal action in small claims court, which I think is silly and a pain. Anyone have advice or legal ground I can stand on? From everything I can read if the contract doesn't specifically state that failure to give the notice means the departing roommate pays rent, then I should be clear of that last months rent. I've had to spend quite a lot to get out as fast as they were pushing me out and they started showing my apartment space in midMarch, which to me also says they knew full well I was going to be out and this is just standing on a technicality to get an extra month's worth of rent out of me. Ideas?

 

[Tracey]

Your verbal notice was insufficient under the agreement. However, by pushing you to get out ASAP and particularly by showing your room in March, they accepted your verbal notice. ("Waiver of contract term") You also relied on their acceptance of your verbal notice. ("Detrimental reliance")

Just 'cause they haven't been able to find anyone to move in for you doesn't mean they get to rescind their acceptance. If they have found someone else, they absolutely cannot double dip on the rent. Was the landlord present during signing and did s/he hear them urging you to leave ASAP and hear you give notice?

Next time, give the notice specified in the contract. I always insist on it when my tenants tell me they want to move out. "Give me written notice by the 10th!" I say.

Good luck

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited April 18, 2000).]