If I broke a lease and landlord leased again, do I get prepaid rent back?

A landlord is not required to use written leases. Many landlords rent apartments without written leases. If you rent an apartment without a written lease, this is called a "tenancy at will" which is governed by default provisions contained in state law.

It is ill-advised for a landlord to rent an apartment without a written lease because they give up a lot of rights. But as a *tenant,* it is actually better for you to have no written lease, since written rental agreements can't do anything but add restrictions to your tenancy. The only way that a written lease is good for the tenant is if (a) you want a lease for a "term of years" which means you are guaranteed to be able to stay in the apartment for a certain period of time, or (b) your landlord promised some other type of special rights which don't ordinarily come with an apartment rental (like janitorial service, or trash pickup).

As it is now you have a "tenancy at will," which can be cancelled by either party upon 30 days' (usually) notice.

Ask the landlord if you signed one or not. If you want to leave, give 30 days written notice and see how he reacts to that.

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