I am a college student living in an apartment with one roommate. I moved back to my hometown for the summer because I found work there. I told my roommate that I would continue to pay 1/2 of the rent throughout the summer so I would still have an apartment when I came back for the school year. I pay the rent check to the landlord because they will not accept her checks- so I pay and she reimburses me for her half. Our lease ran out early this year and our landlord hasn't asked us to sign a new one. Both of our names were on that last lease. Her boyfriend is living at the apartment without my permission, and without paying any rent. Her boyfriend has an anger problem and I've seen him show it so I don't feel safe at my apt. I want out now- what can I do? I would also like my sec. dep. back-
Criminal Defense Attorney
Because your lease ran out and you have not signed a new lease, your tenancy is now a month-to-month tenancy. This means that you can terminate without giving any reason, as long as you give 30 days' notice in writing to the landlord.
You also have the right to feel safe in your home. You can advise the landlord of the unauthorized tenant (the boyfriend) and of your concerns about him. However, this could increase the tension in your home until the problem is resolved.
Have you spoken with your roommate about your feelings? You can suggest that she and her boyfriend sign a new lease and allow you to move out. You could also suggest that a new roommate take over your spot in the rental. Additionally, you could tell her that her boyfriend needs to pay his share of rent if he's going to live there.
Once you terminate your lease and move out, the landlord has 31 days to return your security deposit or to give a written statement to you justifying the basis of any withholding. Be sure that when you do move, you forward your mail with the landlord and with the post office, so that he can find you to refund your money.
You have several options, but simply moving out without giving notice is not one of them.