Roommate leaving without 30 days notice

[MPuthoff]

I have a roommate who I was in the process of putting on the lease, but now she is moving out. So she never signed the lease. I knew something was wrong but she didn't tell me until last Monday (11/20). At first she was going to move out 12/5 but now she has told me that she is moving out this Sunday (11/26). I told her when she moved in she had to give me 30 days notice before she left. I've repeated this several times in the 6 months she has lived her. I have had this rule with all my roommates.

When she told me she was moving out (the first time)I told her since she hadn't given me 30 days notice, she would still have to pay me the rent for December. When she told me she was moving out this Sunday I reminded her she had to still pay me for December's rent. She tried to tell me she didn't have to pay because she was moving out before the 5th (when the rent is due). I told her no she still had to pay me for December's rent.

My question is, if she refuses to pay can I take her to Small Claims Court? I need an answer ASAP!

Thanks!

 

[HomeGuru]

Yes and next time have the tenants sign a lease and do not tell us you need an answer ASAP unless you are willing to pay extra for the rush service.

 

[Jack Mevorach, Esq.]

You can take her to Small Claims. Better question is whether you'll prevail.

Verbal insistence, and repetition, that such and such notice is required, doesn't make it so.