Legal Question in Landlord & Tenant Law in Alaska
Moved out, no lease, can I be sued?
I moved in with a friend who was already renting in a building his friend owned. I had no contact with the landlord before moving in. I paid my half the rent with checks. The landlord didn't maintain the apartment, and I was not getting along with my roommate so I moved out on the 20th, after 9 months. Rent was due on the first and the landlord and my ex roommate are calling and threatening to sue. I didn't sign a lease, I gave no security dep. and I had no verbal agreement with either. Am I legaly liable to either? If so why?, and if not why not? Thanks.
1 Answer from Attorneys
Re: Moved out, no lease, can I be sued?
Although it might be possible for you to defend this case on the basis that you had no agreement with the landlord, it is doubtful that the same defense would work against your roommate, as you clearly had an informal agreement, or at least an understanding, with him. The more likely outcome would be that the court would rule that you formed a contract with both the landlord and your roommate by your course of conduct over a period of nine months.
Since you paid your half of the rent directly to the landlord on a monthly basis, it is also likely that the court would rule that by your conduct you established a month-to-month tenancy, which can only be legally terminated by written notice given at least 30 days prior to the next rental due date.
In other words, you are required to give them at least one rent cycle to try to relet the premises. You don't say when or how you told them you were moving out, but since you gave unequivocal notice by moving out on the 20th, assuming you rent was due on the first, the most you would owe would be one additional month's rent.
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