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Lain . | Can A landlord take a renter to small claims court, if the tenant never signed a LEASE agreement? |
Long story as to why we don't have one, but house is in disrepair. We are holding this months rent in a savings account until a huge list of repairs we've had since January get taken care of . Landlord claims we are two months behind. We have receipts for money orders that state otherwise. Anyways, if we decide to move next month, and keep this month/next months rent to pay for a deposit on a new place, will there be legal repercussions since we haven't signed a lease agreement?
Additional Details
We were going to sign a rent-to-own agreement, but they kept raising the asking price. We put in new carpet, which I have teh receipt for, and a cooler pump (it was 107 and no cooler)
The landlord showed me an appraisal for the house (in hopes of getting more than its worth I think) and said that I could not have a copy of it. It said the house was worth a lot more than it is and when I read it more closely, I saw that the appraisal said we had central air, which we do not, and also that we have a two car garage, which we do not. The back bedroom was not permitted, and the bathroom in the back is unusable due to the floor sinking in. The front room also sinks when you step in it so it is unusable. We are paying for a three bed 2 bath, but only have two rooms and one bath that work. I meant not to keep May's rent (we are paying that) but to keep June's rent. I dont think they'll give us our safety deposit back even though we had to clean and paint before we moved in. They are shady. |
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Janet P
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Yes, he will not have any problems taking you to court. In the absence of a lease state law takes precedence. In all states you will owe him rent and the hearing will record as an eviction against you. You will also owe all of his legal expenses. In no state is it legal for you to withhold rent and put it into a savings account. A FEW states allow escrow accounts, but you needed to obtain a court order before you up and decided that you were legally in the right and could withhold rent. No where can you just up and take the law into your own hands and decide how to remedy what you perceive the law to be, you did what only a sitting judge can. |
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Craig T
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Yes, if you don't have a written lease then the law assumes a month to month lease. You are legally liable for rent for every month that you occupy the rental and are required to give 30 days notice of your intent to move (ie if you want to move at the end of June notice is due before June 1)
As to withholding the rent for repairs, there are specific requirements that must be met in order to do that, the first and most important is you must send a letter to the landlord listing all specific repairs that need to be done, a reasonable time frame for completion of those repairs THEN if not completed the rent can be placed in escrow. |
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Rachel
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yes - that would mean that you had a verbal agreement. |
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Tundra21999
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If he can show you occupied the residence then you owe. If you have proof of payment. no worries..Just do the right thing on your side |
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onandonandonanon
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It is illegal for you to hold rent even if it is for him to do repairs! You are in the apartment, you have paid rent, so yes I believe he could sue you, even without a signed lease, it's an implied lease! Best for you to do things legally to protect yourslefs! If you needed repairs done on the apt. you should have done something legally to get them done! |
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through_the_broken_glass
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Yes. You cannot withhold rent even if the agreement (verbal or otherwise) has been broken. You can, however, take up the issues with your renters and tenant people (whereever you live) and he will be forced to do the repairs if they are judged to be against the codes. Otherwise, you may have to do the repairs yourself...especially if they are minor. |
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spadezgurl22
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you cannot withold rent, u can only deposit into an escrow account for good faith of payments until repairs are made. which seems like you are doing. Give them 30 days notice and u can leave. without a lease u need to give 30 days notice to leave. I suggest you let them know that your disappointed with their lies and the way they have misled you to believe the value of the property. since you never signed the lease ur giving 30 days to leave. if they want to take u to court for non payment thats fine, u need to prove u sent letters demanding these repairs, certified mail is the best way to prove this. pictures to support ur evidence. also you can sue for the new carpet and water cooler which shoudl have been reiumbursed to you. good luck, sounds like a dump where ur living and these people want to get over on u. |
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bisshead1020
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Yes, I think he can. However. Like another poster stated. do the right thing. I would leave the money in a savings account and wait till he takes you to court. You may have to pay the money but a judge may allow you some leeway if you can prove the repairs needed created some sort of hardship. If your holding rent due to a hole in the wall, or something like that. You have no leg to stand on. If it's lets say, a bathroom, kitchen or something that can be considered a hazard. You could win? Good luck |
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Gertie
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The landlord doesnt need a signed rental agreement however it helps. |
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David S
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Yes, he can file. Whether or not he can win depends on a few things. Though you haven't signed a lease, you do have a verbal agreement for a month-to-month lease. That's in his favor. You are withholding rent in order to get repairs completed, but you have no lease agreement that would enforce his performance. That's also in his favor. You are still living in the house, and as long as you live there, repairs or not, you should be paying rent. That's in the landlord's favor. So I would not withhold rent in lieu of the repairs. Give him a thirty day notice on the last day of May, pay your rent through the end of June, and find yourself a new place. |
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monicanena
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Yes. Whether or not there is a signed lease, there is a 30-day move out notice required by law. This means the landlord has to give you a 30-day notice if he wants you out, and you have to give him a 30-day notice if you're leaving. |
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omegahpla
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OOps, rewrite, I went on before I read the last part, then forgot and posted before I read it.
Here you go:
You are responsible for rent and a month to month default deal is usually in place in most states if there is no written agreement.
You may have what is considered a constructive eviction going on because of the disrepair in which case you can leave without recourse, but as to your current months rent that is a question for a person well versed in your states landlord tenant law, check with legal aid or someone else who can tell you where you stand with the law in your state.
Gather evidence and keep it ready. |
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jwishz
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You can try, but real estate transactions including lease agreements are the only contracts which must be in writing. Just about anything else can be verbal. Problem is, who will the judge believe. You don't have much to lose. Small claims courts operate a little differently anyway. Filing fee is low. Minimal risk |
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Brown eyes
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yes, because as a tenant you was provided a place to live in exchange of payment. So how dare you try to live in a place and not paying rent. that is stealing. that is breaking one of the ten commandments of God. |
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address man
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Yes, but its not as easy for them when there's no lease. |
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