Since you haven't signed the lease nor paid the additional monies to go month-to-month their options are:
1) since you didn't sign the lease - the most they could sue you for is the $100 to go month to month.
2) that they accepted the $1850 doesn't do you any real good except that you did pay the month-to-month increase.
I would review the and make sure there isn't an automatic renewal therein. If there isn't - the most they hold you to is the month-to-month increase.
However, you both have to give each other 1 full month's notice that you are vacating. Failure to do that and they can hold you to another month's rent.
Yes, they do have a duty to mitigate their damages
. But if there are multiple apartments
that they are renting - they can rent the others first before yours and not be in violation of their duty to rent.
But, if your lease doesn't have an automatic renewal with notice provisions concerning such - then you are a month-to-month tenant because you didn't sign the lease.
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