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happydayz_hereforgoo... | Can my landlord sue me when there was no verbal or contractual agreement of rent? |
I recently rented the lower level of a home. The place turned out to have more problems and issues than I cared to deal with. I never agreed to a specific amount of time that I would stay or what kind of notice that I would give upon moving out. I ended up moving after 3 months and now the owner of the home is threatening to take me to court for 60 days to 9 months worth of rent. I cleaned the house and left the keys and now they are freaking out on me and saying there is damage. I had to clean the place top to bottom when I moved in, it was disgusting. Now I am hoping that they don't have a case, do they?
Additional Details
This is in the state of MN. I did not damage the home, in fact it looked better when I moved out then when I moved in. |
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Mike
 |
I recommend that you contact an attorney who specializes in real estate law or landlord tenant law.
In California where I am a property owner and landlord, if I want to have an enforceable lease I have to have it in writing.
Generally, if I do not have anything in writing at best I have a month to month tenancy.
The issue of damage is probably the more serious issue. It will be a problem of proof whether or not you were responsible for any damage.
For all practical purposes any half way competent attorney that you find will be able to make this character get lost.
Unfortunately there are many people out there who will cheat you, if you do not have an attorney to represent you and protect your rights.
Based on what you have said I would be very surprised if your former landlord has any case against you.
In fact, you may have a case against him.
Did he give you your deposit back?
I will bet that he did not. Am I right?
Have your attorney go after him for the deposit.
Have your attorney tell him about all of the bad things that can legally happen to him if he does not return your deposit.
If your attorney is any good he will have your former landlord begging for mercy.
I know. I am a landlord. |
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MBATXguy
 |
Well, not really.. Your tenancy is what is called month-to-month. Let them blow whatever smoke they want to.. there is not much they can do. As to the damages, that will be a little tricky.. Did you have a deposit or anything which you paid? Did they bother to notify you in writing of any "damages"? You need to make a list of everything which you saw when entering the apartment.. I think you will be successful..
The only thing I can see you being liable for is 30 days of rent (1 month) plus some damages...
Hope that helps.. |
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Landlord
 |
Without a lease agreement he can't get the 60 days to 9 months. If you did not give him a 30 day notice he can get one months rent and any back rent you may have owed. If he can prove damage he can get as well. I hope you took a few pictures before you left. The 30 days notice is a legal requirement, you and he did not have to agree upon it, you only have to reach agreement if either would be required to give more. |
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gameboyxp20
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The only thing you have to pay for is 30 days, fair market value from the date you were told of a price or price change.. Find out what other people are paying in your area.
Your landlord in most states must 1)give you a specific price 2) tell you whether or not that price includes utilities.
Check with your local consumer protectiong agency or tenent resource center in your state. They have trained people who will offer free info.
If you have some money, try consulting with a legal advisor. If you are a college student,there are usually lawyers who will help you for $5 an hour as a community cherity service. |
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Spock (rhp)
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you'll also want to read the landlord-tenant law for your location. google will find it for you.
and you need to line up your witnesses regarding the clelaning you did and "damages".
GL |
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trop
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At best, it is a month to month tenancy! Very important is that you have a move in and move out form.If not, do you have pictures from move in date and pictures on move out date! Pictures will maje your case so much easier and less time consuming. Did he reconcile the deposit in writing or returned it? |
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27ysq
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whatever you signed indicating the amount of rent also should spell out the duration, time, of the contract. if you signed nothing then let the landlord take you to court. the landlord will need something which indicates the length of the contract. some rents go month to month. |
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pumpdatiron
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Also, find out if he has a valid rental certificate from the town. Should also be registered as a landlord. If not, lease or not, "contract" is not valid in most states without certificate. |
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robert w
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retain legal consel,
no written agreement makes this hard for them and u to prove. |
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Just Another One
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He can't sue you for rent or anything, but if there was damages then there could be something.. |
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_nicole_
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There was no agreement, so I would guess it would be dismissed in court. Hard to prove each sides story-especially since there was no agreement. You did the right thing, but you should have taken pictures. They could blame existing damages on you.
Good luck! |
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