No Lease, No Monetary Exchange

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srk5073

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Hey everyone,

So I really have no idea what rights (if any) myself and my roommates have in this situation, but here we go.

We moved into an apt at the end of August. I went to the rental office and received our keys for the apt, but the secretary informed me that the lease was not prepared and that we needed to return to fill it out. We attempted to go and fill out and sign the lease 4-5 more times in the following 2 weeks. Every time either no one was at the office when they told us to go or the secretary did not have the lease and the landlords were out/unavailable. I got fed up and told them to call me when they had the lease and we would come down and sign it.

It is now mid-December. There has been absolutely no monetary exchange for the property whatsoever. My two roommates have actually returned and purchased parking spaces for their vehicles for the year (this ability does not require rental of property and is available to any person in need of a space as we are close to a university campus). Rental company maintenance has also come for inspections/minor repairs.

My question is what rights do we have and/or landlord have? Can they legally demand rent for months we've lived in apt? Can they legally demand rent at any time that we are living in apt?

From what I gather, I may be under an oral month to month lease. However, I'm not sure if this still holds true because there has been no exchange of money for the property with the landlord.

Thanks in advance!
 
You are a tenant at will. Yes they can demand that you pay rent and yes they can sue you for that rent. You are using the apartment, a Judge is not going to let you do that for free. If they want you out of the apartment they will have to give you 60 days notice (here in GA they would I didn't look it up in your state). This isn't a very bright way for them to handle their business.

You have not put up a security deposit? You have not paid rent? That is literally unreal! I would save your money, someone is going to come looking for it eventually.
 
Well that makes sense. To be honest I was hoping for a "they can't do anything!" but that was far fetched at best. Thanks for the feedback though. I'll be sure I get my money saved up haha
 
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