If I have no lease, do I have to give my landlord 30 days notice before I move out?

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If I have no lease, do I have to give my landlord 30 days notice before I move out?

I currently rent a bedroom off of my fiance’s brother I pay $600 Months for a bedroom plus $200 for utilities. We have no legal lease and nothing in writing. I’m sick of the way they treat me and they are now asking me for more money which I can’t afford. So I’ve decided to just move out. Do I have to legally give them 30 days notice? They have not followed through with any of the things they verbally said they would. If they change the locks before I can move all my stuff, can I call the police?

Asked on November 5, 2011 under Real Estate Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) There is a lease--simply not a written one. However, there is still an oral or verbal lease, comprising the terms of your rental (e.g. what you rent, for how much, the fact you pay utilities, etc.).

2) When there is an oral lease, the tenancy is month-to-month. That means that the landlord must provide 30 days notice to terminate the tenancy or change its terms (e.g. increase rent). The tenant also must provide 30 days notice to terminate tenancy, or at least provide notice and pay for the 30 days, even if he or she moves out before then.

3) If they change the locks and exclude you from your belongings, you can and should try calling the police. However, the police sometimes refuse to get involved, in which case you would have to sue for damages (compensation) and/or access to your belongings.


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