How much notice am I required to give to my landlord without a lease agreement?
December 1, 2008 7:00 PM Subscribe
I'm moving out of my apartment in Washington, DC. My landlords didn't require a written lease agreement. How much notice am I legally required to give?
I moved into a basement apartment in DC in September to go to graduate school. Because I was coming from so far away I wasn't able to view the apartment before I moved in. Although the landlords never had me sign a lease, there was a verbal understanding that I would stay here throughout the school year. Upon moving in, they required I pay a security deposit/last month's rent.
Now that I've been here a few months, I'm ready to move in to a larger place. In retrospect, I wasn't prepared for the small size of the apartment or for the bugs, which I attribute to the fact that it's a "basement," that I've had to deal with since I moved in. Overall, the condition of the apartment has been fine, but regardless, I still want out. I'm tired of paying too much for too little.
I need to know how much notice DC law requires I give my landlords without having a written lease agreement. Is 30 days notice sufficient?
I moved into a basement apartment in DC in September to go to graduate school. Because I was coming from so far away I wasn't able to view the apartment before I moved in. Although the landlords never had me sign a lease, there was a verbal understanding that I would stay here throughout the school year. Upon moving in, they required I pay a security deposit/last month's rent.
Now that I've been here a few months, I'm ready to move in to a larger place. In retrospect, I wasn't prepared for the small size of the apartment or for the bugs, which I attribute to the fact that it's a "basement," that I've had to deal with since I moved in. Overall, the condition of the apartment has been fine, but regardless, I still want out. I'm tired of paying too much for too little.
I need to know how much notice DC law requires I give my landlords without having a written lease agreement. Is 30 days notice sufficient?
Yes, get a real answer - because on one hand, 30 days is enough if there's no lease, but on the other hand, verbal contracts are contracts too.
posted by Tomorrowful at 7:15 PM on December 1, 2008
posted by Tomorrowful at 7:15 PM on December 1, 2008
verbal contracts are contracts too.
Sometimes they aren't valid though. Some types of contracts must be executed in writing. This includes leases for a tenancy over a certain duration in some jurisdictions.
posted by grouse at 7:28 PM on December 1, 2008
Sometimes they aren't valid though. Some types of contracts must be executed in writing. This includes leases for a tenancy over a certain duration in some jurisdictions.
posted by grouse at 7:28 PM on December 1, 2008
Best answer: I'm not sure there's any statatory requirement if there's no written lease (you're supposed to have a written lease). I'm sure 30 days is sufficient. But on the other hand, I suspect you could leave at the end of the week and I'm not sure the landlord could do anything. I'm not a lawyer. Talk to a lawyer before you do anything.
I suggest contacting: TENAC
posted by meta_eli at 7:36 PM on December 1, 2008
I suggest contacting: TENAC
posted by meta_eli at 7:36 PM on December 1, 2008
Best answer: In many places, in the absence of a proper executed lease, the rental lapses to a month-by-month lease.
So 30 days would be appropriate.
But why not just talk to just landlords? It's DC, they'll be able to rent it out again - but maybe you should help/work with them? You are the one breaking the verbal after all.
posted by Xhris at 8:25 PM on December 1, 2008
So 30 days would be appropriate.
But why not just talk to just landlords? It's DC, they'll be able to rent it out again - but maybe you should help/work with them? You are the one breaking the verbal after all.
posted by Xhris at 8:25 PM on December 1, 2008
Best answer: IANYL. Here is the pertinent Washington DC official code about notice to quit:
DC ST § 42-3202
Formerly cited as DC ST 1981 § 45-1402
District of Columbia Official Code 2001 Edition Currentness
Division VII. Property.
Title 42. Real Property. (Refs & Annos)
Subtitle VII. Rental Housing.
Chapter 32. Landlord and Tenant. (Refs & Annos)
>>§ 42-3202. Notice to quit--Month to month or quarter to quarter tenancy; expiration of notice.
A tenancy from month to month, or from quarter to quarter, may be terminated by a 30 days notice in writing from the landlord to the tenant to quit, or by such a notice from the tenant to the landlord of his intention to quit, said notice to expire, in either case, on the day of the month from which such tenancy commenced to run.
posted by terranova at 8:45 PM on December 1, 2008
DC ST § 42-3202
Formerly cited as DC ST 1981 § 45-1402
District of Columbia Official Code 2001 Edition Currentness
Division VII. Property.
Title 42. Real Property. (Refs & Annos)
Subtitle VII. Rental Housing.
Chapter 32. Landlord and Tenant. (Refs & Annos)
>>§ 42-3202. Notice to quit--Month to month or quarter to quarter tenancy; expiration of notice.
A tenancy from month to month, or from quarter to quarter, may be terminated by a 30 days notice in writing from the landlord to the tenant to quit, or by such a notice from the tenant to the landlord of his intention to quit, said notice to expire, in either case, on the day of the month from which such tenancy commenced to run.
posted by terranova at 8:45 PM on December 1, 2008
terranova, is it automatically a month-to-month tenancy if there is no written agreement?
posted by grouse at 8:52 PM on December 1, 2008
posted by grouse at 8:52 PM on December 1, 2008
grouse: Yes, it is automatically month to month.
posted by anarchivist at 9:40 PM on December 1, 2008
posted by anarchivist at 9:40 PM on December 1, 2008
Best answer: Before giving notice, discuss your situation with the Housing Bureau, as rmless suggested, or the Office of the Tenant Advocate (202) 719-6560. Be sure to let them know if you and the landlord have made any agreements in writing (even via email) so they can suggest your best course of action.
As you can see below, if you and the landlord agree, a notice to quit -- even when the parties are bound by lease -- can be shorter than 30 days or even entirely waived.
DC ST § 42-3208
Formerly cited as DC ST 1981 § 45-1408
District of Columbia Official Code 2001 Edition Currentness
Division VII. Property.
Title 42. Real Property. (Refs & Annos)
Subtitle VII. Rental Housing.
Chapter 32. Landlord and Tenant. (Refs & Annos)
>>§ 42-3208. Parties may agree to alternate notice provisions; waiver.
Nothing herein contained shall be construed as preventing the parties to a lease, by agreement in writing, from substituting a longer or shorter notice to quit than is above provided or to waive all such notice.
posted by terranova at 10:03 PM on December 1, 2008
As you can see below, if you and the landlord agree, a notice to quit -- even when the parties are bound by lease -- can be shorter than 30 days or even entirely waived.
DC ST § 42-3208
Formerly cited as DC ST 1981 § 45-1408
District of Columbia Official Code 2001 Edition Currentness
Division VII. Property.
Title 42. Real Property. (Refs & Annos)
Subtitle VII. Rental Housing.
Chapter 32. Landlord and Tenant. (Refs & Annos)
>>§ 42-3208. Parties may agree to alternate notice provisions; waiver.
Nothing herein contained shall be construed as preventing the parties to a lease, by agreement in writing, from substituting a longer or shorter notice to quit than is above provided or to waive all such notice.
posted by terranova at 10:03 PM on December 1, 2008
anarchivist, can you tell me where in the DC code that is?
posted by grouse at 10:06 PM on December 1, 2008
posted by grouse at 10:06 PM on December 1, 2008
Best answer: Well, I guess legally it doesn't qualify as "month to month," but it falls under "tenancy at will" in DC Code § 42-3203: A tenancy at will may be terminated by 30 days notice in writing by either landlord or tenant.
posted by anarchivist at 5:01 AM on December 2, 2008
posted by anarchivist at 5:01 AM on December 2, 2008
Best answer: Actually, I may not be correct about this, but IANAL. I've been reading other things (not just about DC law) that in absence of a written lease there's a verbal month to month contract. I can't find a clear citation in code, however. I suggest also contacting TENAC; I'd defer to them since I'm no longer in DC.
posted by anarchivist at 5:09 AM on December 2, 2008
posted by anarchivist at 5:09 AM on December 2, 2008
Response by poster: I talked to someone at a tenants' advocacy group in DC, and apparently, in the absence of a written lease agreement, any oral agreement is considered to be month-to-month and 30 days notice is all I'm legally required to give. Hopefully, I'll be able to help my landlord get someone else moved in, but either way, I won't be subject to any legal repercussions. Thanks for all the help, everyone.
posted by sun_also_rises at 8:52 AM on December 2, 2008
posted by sun_also_rises at 8:52 AM on December 2, 2008
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posted by rmless at 7:12 PM on December 1, 2008