Dear CO-STAR:

For the past few months I've been renting an apartment with two other people. My name isn't on the lease and it never has been. I replaced one of the original leaseholders that moved out. I didn't sign a sublet agreement or any kind of documentation binding me to this apartment. I've decided to move out (I was sort of getting gouged - was paying $100 more a month than anyone else). I told my roommates that I was leaving at the end of this month and they freaked out, they said I had to give them at least a month's notice before I move out. They say I've got to pay this month's rent and next month's (because of this notice requirement). It all seems suspicious to me. I never signed anything, how can I ‘owe' them notice?

- Steph, Junior, Public College or University, Maryland

Steph:

First I'll give you the short answer: Sorry Steph, you owe the money.

Now here's the explanation: Not EVERY agreement has to be in writing to be legally binding. This is one of the most misunderstood legal concepts by non-lawyers. Everyone seems to think that if its not written down, it doesn't count. But that's just not true.

I understand how people come to think this. In this day an age you can hardly buy a cup of coffee without exchanging paper. But, by and large, most oral contracts are perfectly legal and 100 percent binding. And, if you really have doubts about whether and why this is true, think about the reverse of your situation.

Let's say you were perfectly happy in your orally rented room, but your roomies hated you. If they said over breakfast one morning, "Hey Steph, have your stuff out by the end of the day" your response would probably be, "But we have an agreement here." And you'd be right.

So what exactly is that agreement that protects both you and your roommates? Well, since there's no contract, the terms of the lease are governed by state statute. In your case that's Maryland Code Sec. 8-208 (a) (5) and Sec. 8-501. Those statutes basically say that for oral contracts for tenancies at will (which is what your rental is) written notice must be given at least one month prior to end the lease.

So your roommates are right. In fact, you still haven't legally given them notice since you only notified them verbally (ironic, I know, an oral contract that needs to be ended in writing). So I'd write a letter today. And, unless you want to be sued in small claims court, I'd pay the rent you owe.

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C.L. Lindsay III is the founding executive director of CO-STAR, the Coalition for Student & Academic Rights, and author of the book "The College Student's Guide to the Law: Get a Grade Changed, Keep Your Stuff Private, Throw a Police-Free Party and More!" in bookstores now. CO-STAR is a network of lawyers, professors and students who work to protect academic freedom and constitutional rights at college campuses nationwide. If you have a question for CO-STAR, log on to their Web site at www.co-star.org.

The material in this column addresses general legal issues only; is not legal advice and should not be relied on as such; and may or may not be appropriate to a specific situation. Laws and procedures change frequently and are subject to differing interpretations. This column is not intended to create, and does not create, a lawyer-client relationship and is not intended to be a substitute for legal counsel in the relevant jurisdiction.

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© 2007, McClatchy-Tribune News Service

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