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ladyS49 | Can my landlord sue me after I move out? |
I moved out of an apartment nearly two months ago. I took advice from a Renter's Rights website and had my landlord meet me at the apartment for a final walk-through. He was satisfied that the apartment was left in good condition and even said the place "looked great." I asked him to sign a "waiver" I typed saying that he agreed the apartment was left in satisfactory condition and that I am no longer responsible for the apartment after the lease expired. Now, his wife (joint landlord, who was not present at the final walk through) is threatening to sue for "damages" to the carpet in the apartment. Can she do this? Will the waiver her husband signed stand up in court if it goes that far? It's been nearly two months since I moved out, can she even still try to sue for so-called damages? |
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nela jane and husband
 |
i would not see why that document wouldn't hold up in court. unless that Landlord is sneaky and the husband is not an "owner" then you may have a problem. if this is the case(husband isn't owner of property) and that ever gets brought up and he lead you to believe he was (ie. taking your rent, responding to your complaints/ phone calls)then this case can and will stand up in court and WIN as a valid case. |
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Craig T
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In most states the former landlord has to notify you in writing within 30 days of any damages.
While I am not an attorney, since the husband signed off on the waiver and he is the owner/co-owner/landlord/co-landlord/husb... at the very least the law would consider him to an agent and you would have no reason to beleive he didn't have the authority to grant the waiver I would be surprised if they actually tried to sue that a judge wouldn't just throw it out of court and rule in your favor.
IMHO, she is bluffing |
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Jay P
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The inspection you had conducted with them there was their chance to uncover damages. If they did not find anything and signed a waiver that you were in the clear, that is sufficient and will stand up in court. In your response be sure to state that you were personally present with the landlord or his agent during the walk-through and that every opportunity was given to look for damage. |
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Landlord
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You should be OK unless you had furniture or something covering the damage.
I am amazed he signed your waiver, I would have told you where to place that. But he did, and as long as you did not commit fraud by hiding damage you should be OK. |
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sweetpea198320
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The waiver will hold up in court as the final word, even if you didn't have the waiver you had already vacated the premsis wth a final walk through with the landlord (who was ok with it) and I'm asuming you received your security deposit back. That in and of its self is enough to free you from any legal issues. Also if there is another tenant already in the apartment her suit against you has no grounds either. Threatening and actually carrying out a lawsuit are two different things... everyone threatens, few actually do. |
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meandnadine
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If the husbands name was on the lease as the landlord, your waiver should be sufficient to cover you.
If you haven't yet, send her a copy of the waiver her husband signed.
Make sure you keep your copy of the waiver forever. |
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Behaviorist
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You were smart to get this documentation!
There are landlords that will do this kind of thing and they win often enough simply because tenants don't have documentation to prove anything.
I suspect that you will be fine because of this document, but if they decide to pursue it in small claims court I suggest paying for one visit with an attorney to get advice. While you're there, ask him if you can countersue to recoup the cost of visiting him. |
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Elana
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The only way around the waiver will be if they can prove that you deliberately tried to hide damages.
That is, they were given an opportunity to do a full inspection and that they didn't find problems is arguably their problem (not yours).
If, however, you deliberately concealed problems, then arguably you were committing fraud by doing so.
However, as the above said, this is America and you can sue anyone for anything. I don't think the court would even bother to listen to the case without some evidence that there was concealment going on. |
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HandyMam
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Yes, she can sue. Anyone can sue anyone for just about anything.
However, will she win in court? 99.9% doubtful with a co-owners signature. Her husband represented both of them when he signed the waiver. Sounds like she played "silent parner" when she is the loud one.
Also, if you go into court, try not to use the word "waiver" which seems to imply that he let you get by with a wrongdoing by "waiving" the penalty. Perhaps, "my landlord signed off that everything was acceptable" at my exit walkthrough would put you in a better light.
Good luck! |
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*****
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You were smart to have that wavier drawn, which he signed releasing you from furthur blame for anything. I'd say they have no case. |
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notyou311
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Anyone can sue anyone for anything. That does not mean that the landlord will win. Carpet damage falls under the heading of "normal wear and tear." Did you take pictures of the apt? If you have a waiver, relax. There is nothing they can do. |
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smoke_horse
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when you signed your lease was her name on it also along with his? if it was she can sue you. how far the waiver will hold up without her signing it well i just dont know.did you break your lease or stay till it was up? did you do the damage to the carpets or was it there? do you have pics of before and after you moved in to prove it?this is the kind of things you need for evidence if she sues you. sorry i cant help more. really need to know more info on the question i asked |
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imaginethat
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i dont think it would stand up in court i dont know were you live but were i live if a landlord takes you to court you dont have to go they will just get judgement and all that is is a paper at the courthouse that says you owe them, theres nothing really they can do, good luck i know how mean landlords can be my sister has one thats been nosy and looking through her mail! hope it goes well, have a great weekend! |
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kamisha100
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I believe you have th upper hand in this situ |
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kaffegeek
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the waiver will hold up and two months is a long time in that world. |
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m2
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tell her to go for it..and your going to counter for you court costs..
and you have the waiver.......
in your counter suit..you can claim..all kinds of travel exepenses, wages, etc..
good luck.. |
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George P
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I think she has no case, even if you left your lease early, you still got the ok from the landlord, unless he wasn't the real landlord. With you having the waiver, so it is in writing that the apartment was ok, but did the waiver specifically state the apartment was damage free.
I also thing two months is way too long for them to say they will sue you. The only way would be if all your stuff wasn't out of there, but I am guessing since you did a final walk through, all your stuff was out of there. Unless they give a reason why they didn't enter the apartment before the two month mark, then you should be free and clear.
If you had pictures of the apartment, that would really help your case.
Probably what happened, the cleaning crew they hired to clean the carpets ruined the carpet. Or, they tried to clean them theirselves and didn't do it right and messed up and now they are trying to make you pay for their mistake.
One other thing, did they give you your security deposit back? If so, then you are definatly free and clear, because once they give that back, then anything after that, they assume the cost of. |
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