 I have a question about landlords.? |
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 Tenancy Agreement - Only allow one person living in it? |
Hi I have recently rented a property and did not get the 'full' tennancy agreement until I picked up the keys.
In the agreement it states that under no circumstances can anyone ... |
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Additional Details
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| I currently live in WV and I will be needing to move to Augusta, Georgia as close to Fort Gordon as I can get within a reasonable price range. Was just wondering how would I go about finding an ... |
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 How can i get a home loan if.............? |
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 Question about my Credit score? |
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| If you own a duplex, and the tenants' rent covers only the mortgage, do you still have to pay taxes on the rent?... |
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 How do I go about buying a home w/ my boyfriend? |
| My boyfriend and I have been together for 6 years. He has horrible credit and is unable to buy a home. I have good credit and money saved for a down-payment on a house. The house would need to be ... |
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| my fiance and I were in a rush to buy a home beacuse the lease on our apartment was up, and we made the mistake of purchasing a refurbished mobile home and had it moved to a community outside of the ... |
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 Can you break a lease if a pedafile lives within one mile of your place? |
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 Is it better to rent an apartment or buy a home if you are going to relocate after one year? |
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 Help With Math Problem? |
A real estate broker sold your house for $72,000. The broker's commission was 6% of the selling price. How much would you get for the house after the commission is paid???
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mr. rick | Can my LANDLORD sue me for not paying last month's rent if we did not sign a WRITTEN AGREEMENT? |
I have been renting a room in a house from this Chinese ladie in Alhambra, CA for the past few months. We did not sign a written agreement. She did, however, ask for a deposit.
I have decided to move out for several reasons. I do not feel safe, and i feel like i got into more than I asked for when I moved in here. Setting those aside, I don't trust her, and I plan on moving out without paying for the last month's rent (hence foirfeiting my deposit). She said that she had every right to sue me if i did that (before she went on maternity leave in China). I have been paying every month (depositing personal checks directly onto her account as she requested... i go to the bank, and do it there).
Does she actually have enough to sue me? I mean.. come on.. NO WRITTEN AGREEMENT. |
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Patrick
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Wow, I am amazed at all the people that answer without knowing the law. Even some who answered that "they are landlords" seem ignorant of the laws that govern their business.
If you have established residency at a place (by established I mean living, receiving mail, etc) with permission from the owner you are a tenant of that owner. Having a written lease is good to protect all the parties involved and manage the expectations of those in the contract. In the absence of a written lease you are considered to be on a month to month tenancy.
What does this mean to you? It means that any rules set forth by the state are the ones that manage your tenancy. Things such as the requirement or 30 days notice to end the agreement. The need for the landlord to provide a habitable place to live, etc. All the laws of the state regarding landlord/tenant relations are the laws that govern your month to month tenancy.
Yes, if you leave she can sue you. In today's world anyone can sue anyone for anything. The key question here is will she win? One of the answerer's above made a very good point. If this is a legal rental unit then yes, she can sue you and would probably win. If this is not a legal rental unit she will either not sue you or lose if she does. The one thing that you have on your side is that CA is a tenant friendly state. The laws there protect the tenant more than they do the landlord.
Good Luck! |
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ilovemypinkshoes
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Yes. Your damage deposit is just that ... for damages which you get returned to you AFTER she has checked to apartment to see that you have not done any damages. Your last rent can not be applied to a damage deposit. Also, you won't have very good references if you skip out. |
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patrickryanlewis
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People severely overestimate the whole "written agreement" thing.
You have proven, by living in the house for months, that it was your place of residence, and are therefore going to be responsible for any time you have lived there.
Now, if you have paid completely and fully for the time you have lived there, then all the lady can do is keep your deposit. However, if you have been living there while she is in China and have not paid, yes, she can sue you for the portion of your stay you have already made.
My suggestion: clean your stuff out totally, take detailed pictures (make sure they are time and date stamped) of every room. Then mail (certified, with registered return reciept) the keys and a notorized letter telling her the exact date you moved out.
Just leaving is going to open you up to litigation. |
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Rasmus H
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yes she can. a written agreement or not, it really do'snt matter. Because a agreement you make is just as good as an written agreement. |
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Flamingo of Knowledge
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She can, but it would be pointless, as long as you left the room in good condition. Legally you can't use a deposit for rent, but by the time you saw a judge, he would just award the deposit as rent anyway, unless she has reason not to return the deposit.
And once you've been in a place more than 30 days, you're the tenant, written agreement or not. |
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Logic316
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Assuming she can track you down and find out where you currently live or work, she can have you served with court papers and sue you. Whether she wins or not simply depends on if the judge believes her. While it's unwise for a landlady not to have a written and signed rental agreement, there is no legal requirement to have one if it's a month-to-month tenancy (as opposed to a set lease). None of your excuses carry any weight whatsoever - you agreed to pay her for living in her house and using her utilities, it's as simple as that. The security deposit exists only to pay for damages to the apartment, it is illegal for you to substitute it for rent and a housing court could impose treble punitive damages on you for doing that.
It's disrespectful @ssholes like you who turn landlords to the dark side. |
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MrsSilentWarrior
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True, she could prove you've lived there by providing copies of your deposits, but can she prove how long you verbally agreed to reside in the place? Who's to say you didn't agree to month-to-month or even week-to-week? If it's not in writing, it would be your word against hers.
No rent agreement and depositing your checks directly into her account..... Who's to say she's on the up and up as far as reporting this income on taxes? She may be bluffing you and, in the end, won't want attention drawn to her activities by suing you. |
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stevexnelson
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Yes. She can sue you.
More than likely, if she isn't smart enough to have you sign a lease, she probably isn't smart enough to sue you.
Also, in court you have to tell the truth. You will be asked if your live in the apartment, etc.
She can go to her bank and get copies of the checks you have deposited.
Good luck. |
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ilovecokeacole
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verbal agreements can count in court
if she can prove that you paid for a "deposit" or "rent" then thats insinuating some form of contract was said.
in this case, personal checks could be used as reference |
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J_ACE_
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No they can't. It depends on how long you have lived there without a tenancy agreement. All they can do i suppose is go to a debt collection firm and get it that way. |
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tmuthiah
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If no written agreement is there, she wouldn't sue you. |
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daniel g
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she can sue you because you were staying in her room there was some kind of agreement take pictures of the room so that she does not use your deposit as money to repair any damages, then your defense will be that the deposit off set the rent |
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Billy
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She can sue anyone can sue for anything the problem is winning. The burden of proof is on her, since you don't have a written agreement she would have to prove that you intended to stay longer, but that would be difficult if not impossible because it is your word against hers. Just because you paid a deposit doesn't mean that you intended to stay any longer than you already have. If you feel unsafe and distrust her I say move out and force her hand. Again without a written agreement she really has no leg to stand on. |
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Deb M
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I'm a landlord myself!!! CONTRACT, CONTRACT!!! If there is no written contract and your sure about that then NO!!! Your fine! It's your word against hers. So what if she has proof of you depositing money into her account. You were staying there temporarily and you were paying for the time that you stayed. There's nothing wrong with that. Now your done staying there and you are leaving! That's your story!!! Don't give 30 day notice either, she could have the locks changed and keep your belongings. Yes, you will loose the deposit, but at least your clear and free. Just don't trash the place cause she can use that against you. Take pics when you leave, make sure place is clean and document everything!!!!! Conversations etc. She may get sneaky! You never know if she trashes the place and puts the blame on you. I know ruthless!!! Also go to your local county website and see if she registered her home as a rental! If she didn't well that's illegal on her part. And most likely she's not paying taxes on the property either as a rental. Basically not paying rental tax, and claiming it. That's also a big no, no!!! You could use that to her as well. But make sure you have proof on that. I guarantee that she will let you leave quietly for fear you reporting her of not claiming property as a rental!! Usually, people like that try to just pocket the cash quietly!! Good Luck!! |
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