No written lease - what are the requirements?

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79stripes

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This is in Ann Arbor, MI if that matters...

I signed a lease in August 2005 for 1 year. The lease is for a 2 bedroom condo, the other "tenant" (my roommate) is the owner's daughter (i.e. she doesn't pay rent). I paid the rent and utilities to her and had no dealings with the actual owner. I signed another 1 year lease in August 2006. In August 2007 I wasn't asked to sign anything and there was no discussion of how long I would be staying.

My roommate is in a 4 year grad program and has made it very clear that she hates MI and wants to get out ASAP. She will graduate in the spring of 2009. In January 2008 I asked her what the plan for the condo was. She told me that they were planning to "dump it, as is." At this time I started thinking of alternate living situations.

While looking I noticed that several local apt complexes have very good deals in Jan/Feb. I told my roommate that I would not be staying until she graduated and that I would be moving in early 2009. Her response was very "whatever" giving me the impression that she didn't really care. Since that time I have been keeping an eye on one particular complex where literally all my friends in town live. The rent for one of the floorplans dropped almost $200/mo in July. It was really too cheap to pass up.

I told my roommate on the 16th or 17th of July that I was thinking of moving earlier than Jan 2009. She told me that it "wasn't a good idea" and I told her that I was telling her, not asking her, as I was no longer under a lease. She then told me that she couldn't stop me from moving, but that she would need to know as far in advance as possible b/c she would be "losing that income" (confirming my suspicion that my rent didn't go toward the mortgage, but was actually her spending $$). I assured her that I would give her at least 30 days, but that with application and a trip I had planned in early Sept I probably wouldn't actually be moving until Sept or Oct. She agreed to this plan.

When I applied for the apt, thought, I was told I would have to move-in in August to get the reduced price. I agreed to that and gave my roommate a letter stating that I would be moving out on Aug 31. (giving her 31 days notice) The only response I have gotten from her is a note stating that we would "discuss" the matter. (she is currently on vacation - financed by my rent payments, I'm sure...)

I am wondering what there is to discuss. I am well w/in my rights, correct? Since I didn't have a lease, I technically could move out w/ no notice, right? I am concerned about my telling her that I probably wouldn't move until Sept or Oct. Could this be seen as a verbal contract? She agreed to that, so could I be held to paying her for Sept too? I checked a State of Michigan website, but all I could find were references to terminating a lease, which doesn't apply to this situation, right? I just want to make sure I have all my bases covered, so that there is no way she can try to get more money out of me.
 
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When there is no lease, a tenant is assumed to be on a month to month renter. As such, this requires a 30 day notice to vacate the premises (which you have done). A notice in writing is considered more binding than a verbal discussion on when you might move out.

There does not seem to be much more for you to discuss with your roommate. She may attempt to keep any security deposit you initially provided with the argument that you did not notify her in time (however, you have your signed and dated documentation that you did) or that you left the unit damaged. It's suggested that you take pictures of the unit when you vacate it and notify your landlord of your forwarding address. Be aware of the time frame that your landlord must follow to notify you of the status of the security deposit.

Gail
 
Thanks!

I am also concerned that she'll try to keep my security deposit. She lives here too, so she know that there is no damage, but I'm sure they'll try to charge me w/ wear and tear normal stuff. :-/
 
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