What establishes a month-to-month tenancy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What establishes a month-to-month tenancy?
I am being told that I have an implied contract because I paid 3 months rent in the form of a check under my parents name (as a graduation present). I, on the other hand, have paid for the rental utilities under my name and under my checks. Is this implied that I signed a 1 year lease? I received a lease, however I never signed it nor given it back to her. Is this considered month-to-month? She wants to take me to small claims court now. Am I obligated to continue payments after I leave if I have given proper notice?
Asked on August 22, 2011 Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A month to month tenancy is created either intentionally, in a written lease; or it is the tenancy created when there is no written lease. In the absence of a written lease therefore--i.e. if there is only an oral or verbal agreement--you tenancy is month to month. (Be careful of one thing: a "lease" does not always have to be a single signed piece of paper; it is possible that if there was extensive correspondence setting out the terms of the tenancy, which you agreed to, that a lease could be found to have been created. Similarly, if there was a written lease presented to you, which you did not sign, but you moved in, resided there pursuant to its terms, made all payments called for under it, etc., it could be argued that your actions accepted the lease.)
Assuming there is no written lease, your obligation is to provide 30 days notice prior to terminating the tenancy; you would be obligated to pay for the notice period (if you left before it was over), but not otherwise--i.e. if you give the proper notice on a month to month tenancy, you are not responsible for rent after the notice period.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.