Can I move out if the lease if up and has not been renewed?
Full Question:
Answer:
Utah law allows either the tenant or the landlord to end a tenancy for no reason (“no cause”) when the tenancy is month-to-month and no rental subsidy is directly associated with the rental unit. Unless a prior written rental agreement states otherwise, Utah Code §78B-6-802(1)(b)(i) requires a written notice “15 calendar days or more prior to the end of that month or [rental] period.”
If the rental period is month-to-month and the rent is usually due on the first of each month (even though a grace period may exist), the recipient (landlord or tenant) must receive the notice at least 15 calendar days before the end of a month. The notice can be delivered by hand, by certified mail, or it can be posted in a conspicuous location such as on the door. The landlord or manager can deliver such a notice to the tenant; it need not be delivered by a constable or sheriff.
If a tenant wants to move out at the end of a month, the tenant must give a written notice to the landlord at least 15 days before the end of that month. This 15-day period does not count the day of delivery. If the tenant gives the written notice too late or not at all, the landlord can demand that the tenant pay the next month’s rent even if the tenant has already moved out. (If the unit is rerented during the month, the tenant is only liable for the period when the unit was unrented.)
Generally, where the roommate is not named and has not signed the lease, the roommate is considered a subtenant and pays his/her portion of the rent to the named tenant on the lease, who stands in the position of landlord to the subtenant and who is responsible for the full amount of the rent to the primary landlord.
It will be a matter of determination for the court, based on all the facts and circumstances involved. Some of the factors that may be considered, among others, include whether you paid rent to the other tenants or had an agreement to pay rent directly to the landlord, and the terms contained in the lease. For example, the lease may state that any individual named on the lease is jointly and severally liable. Even without such a statement, a court may find that joint and several liability exists, so that any one person could be liable for the full amount and need to seek contribution from the others in a separate action. In the case of oral agreements, it is often one person's word against the other's.