Full question:
A buddy and I rented a house together. He signed the lease but I did not. His girlfriend has been staying there every night without payment toward rent or utilities. This was not part of the agreement. We had a verbal agreement only. The original agreement was for 1 year, three months of which has expired. Can I legally move out?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Utah
Answer:
In Utah, either the tenant or landlord can end a month-to-month tenancy without cause, provided there is no rental subsidy. If there is no written rental agreement stating otherwise, Utah Code § 78B-6-802(1)(b)(i) requires a written notice at least 15 calendar days before the end of the month or rental period.
If your rental period is month-to-month and rent is due on the first of the month, you must give written notice to your landlord at least 15 days before the end of that month. This notice can be delivered in person, by certified mail, or posted in a visible location. If you fail to give proper notice, the landlord may require you to pay rent for the next month, even if you have moved out.
Since you did not sign the lease, your roommate is considered the primary tenant, and you may be viewed as a subtenant. This means you owe rent to your roommate, who is responsible for paying the full rent to the landlord. If there are disputes about your agreement, it may ultimately be up to a court to decide based on the facts. Oral agreements can be challenging to enforce, as they often come down to differing accounts of what was agreed upon.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.