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rustik23 | If i didnt sign the lease and didnt pay for three months and moved out there can landlord sue me? |
Additional Details
but i ddint sign the lease so how is he going to prove that i lived there?????
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lenoriamas
 |
what your are referring to is what we call a tenancy at sufferance, in other words your lease ran out and you are still living there without having signed another lease, now if your land lord did not have papers served on you to vacate after the lease ended and was only telling you to leave, but,did not go about any proper eviction process then you have what is called in real estate a adverse possession and it will be hard for the land lord to prove that you were not paying your rent because you have been there at such an extended time after a legal contract expired. one would wonder why he let you live there that long without collecting rent, i would say he would loose in court, if it is his word against your word only. |
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Juan E
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Did the landlord serve you with notices to pay, or finally a notice of eviction? If yes, then it means you were either evicted when you say moved out, or that you simply left. If you simply left and did not say anything to the landlord about you leaving, then you not signing the lease has no meaning. There was a informal understanding that you were going to be a tenant, and if they can at least have your lease (w/o your signature), and can prove you lived in the apartment, they technically can come at you and sue you for at least what is owed to them. Now, I speak from California law, but I do not know if apartment management laws might be different elsewhere. Methinks though they are not, so keep in mind you had an informal agreement for you to be a tenant of the company, without your signature on the lease.
Hope this helps. |
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shanel38 j
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he** nawh u didnt sign nothin dust that off ur shoulders |
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ladyatrus
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If it was never documented that three months was required, there shouldn't be a case. |
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Mr. Boof
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If you were there and didn't pay rent for 3 months, it's still theft of services regardless of whether a lease was signed. Pay up if you owe it. Court costs are real costly - the rent would probably be easier and cheaper to pay. |
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bestguessing
 |
Depends on your state's landlord/tenant code. Most leases convert to a periodic tenancy at will at the expiration of the lease. In other words, you were month to month and would have to give or receive 1 month's notice before you left. You are responsible for the three months' rent and probably lost your security deposit. The landlord can sue you and will most likely recover three months' rent and costs. Best bet for you is to try and settle for less money...ask him how much he'd receive after his lawyer fees and offer to pay that in cash in return for an agreement not to pursue the matter in court. Get a receipt for any money you pay him directly. |
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sarahliz
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Well, if you were living there are weren't on the lease, you were doing something illegal.
And you can be taken to small claims court.
and if you got late notices for not paying, it goes on your credit report.
not smart at all. |
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sunshine_today
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most leases revert to a month to month tenancy if you don't renew. All the lease clauses are in effect and you owe the money. Read the tiny print in your lease and you'll know it's true. You owe the money, he can sue, he probably will sue and it will be on your record for a long time making it very difficult to rent your next apartment. |
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whooty
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The landlord can sue you for money owed, lease or no lease. He can take you to small claims court, get judgement against you, and if you are gainfully employed, he can file a garnishment and take as much as 25% of your paychecks until the debt is satisfied. Different states might allow different amounts than 25%. My question to you is: If you owe the money, why wouldn't you want to do the right thing and pay your debts? |
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foni.toni
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how can you even ask this question?
you owe the money regardless of your ability to pay.
how would you feel if your employer told you he didn't have to pay you becuase he didn't have the money? |
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oracle
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Of course if you lived there for three months you re responsible to pay the rent for those 3 months and your landlord can sue you in small claims court and win-pay now or pay his court cost too. |
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Fee
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Yes, in legal terms you were a "Squatter". And they can chase you down for this. I know from experience. I had a friend crashing at my place in college and the landlord sued us for damages. In the claim he named my friend as a Squatter and he was also required to pay a portion of the settlement, just like he was on the lease. |
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timmyshawn76
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yes |
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Panacea
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If he can prove you stayed there and he can show evidence of a "going rate" for rent, then he can claim a verbal agreement and you have to pay. |
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alsmithjpsnet
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Of course he can, you lived there for three month, so you owe him! Pay up and shut up. |
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ac
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If you want to know whether the Landlord will sue. Yes today everyone is sue crazy.
1) The judge will see that you do not have a lease and the Landlord accepted the non-lease basis and money.
2) You should have sent a letter to the Landlord (a month) before leaving via returned certified letter. This show that the Landlord was informed 30 days before your leaving and he or she had to sign the returned certified letter.
3) Before signing lease, car etc. Spend a little money on a lawyer to avoid all problems. |
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annamariekulas
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Of course, you lived there for three months for free. |
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