Am I breaching the contract for moving out before the end of the lease even though I never sign the lease?

I took a sublease from my friend to stay with other people. My roommate is very noise so I want to find another place to live. I never sign a contract with the landlord but I did fill the application form. I think the contract was sign by everyone in the house except me.

Philadelphia, PA -

Attorney Answers (1)

Nellie T. Schulz

Nellie T. Schulz

Real Estate Attorney - Malvern, PA
Answered

If the apartment is so noisy that you can no longer bear to live there, then you may have a good basis for moving out without breaking any lease. Write a letter to the person to whom you pay rent (presumably your rommate), and explain the situation about the noise in as great detail as you can. Give dates and specific situations and what your reaction was to the incredible amount of noise - did you have to leave for the night? Did you ask them to be quiet? Are they having parties? Also, if you gave a security deposit, you need to get that back. To do that, you will need to write a letter to your landlord (the person you pay rent to) demaning back the full amount of your seurity deposit and giving your forwarding address. This needs to be done no later than 10 days after you move out. Make sure you bring all your things with you and don't leave anything behind. Clean up the area you live in and take photographs (with date stamps if you can) of how clean the areas are. The only reason your landlord can hold onto your security deposit is if you didn't pay rent or left the place in an unclea state. Good luck!

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.