What are my rights as a tenant in a roommate situation with cancelled checks but no lease in a verbal request to leave?

Question

What are my rights as a tenant in a roommate situation with cancelled checks but no lease in a verbal request to leave?

Anonymous Jan 3, 2015 3 views 1 answers

My roommate has asked me VERBALLY to move out on 2/1. I do not have a written lease with her; I only have cancelled monthly rent checks. 1) Doesn't she have to give me WRITTEN notice to leave, or would verbal hold up in court? 2) I've heard that if you are renting month to month, they only have to give 10 days notice for you to leave, not 30. Is this true? All I have to show as far as any agreement between us is the cashed checks with "monthly rent" written in the memo on them. Do I have any rights if I can't find a place by 2/1? Thanks in advance for your help. PS- She is asking me to move because she is allegedly going to be doing interior renovation, but she does not have a building permit to do so though the city requires one.

Gregory Abbott · Accepted Answer · 2026-06-15T13:02:45+00:00

It is unclear whether your roommate owns the dwelling or is renting herself and subletting to you. Regardless, she appears to be your landlord pursuant to a verbal, month to month rental agreement. Verbal termination of tenancy notices are not legally enforceable and yes, she does need to give you at least 30 days written notice if you have been there less than a year; 60 days if you have been there for a year or more.

What are my rights as a tenant in a roommate situation with cancelled checks but no lease in a verbal request to leave?

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