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Additional Details
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proudmama | Landlord verses tenant..who would win in court? |
We moved into a place, we never got a lease to sign after asking quite a few times to sign one. We verbally agreed to stay a year. Very noisey people moved in below us a couple weeks later and we complained a few times. Nothing was ever done about it. It got to the point where I felt threatened by the neighbors below..it was just me and my 6 month old alone during the evening. We ended up giving our 30 day notice after 2 months of living there. We kept in touch with the land lord and kept calling him to find out about getting our deposit back and he made it sound like he would get it back to us. So now three months later and no deposit back we filed a law suit today. Then we just got a letter today with them saying that we broke our lease and that we owed them $1400 for the 2 months that they had to find someone to live there but it was only 1 month and they said that we never gave them any notice that we were leaving and we did give them a 30 day notice. Who would win in court?
Additional Details
Why didn't they tell us any of this for the three months that they made it sound like they'd give us our deposit back. Now suddenly they are lieing about stuff and say we owe them but that they won't charge us if we don't sue. |
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kevlowe
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If you can prove that they are not going to sue you if you get rid of your lawsuit, you can probably charge them with extortion. As far as the verbal contract, it really comes down to a "he-said, she-said" thing, so it's tough to say who would really win, although since you never signed a lease (which I would assume would have to be somewhat illegal), I would say there is a strong chance that you would win. I'm not a lawyer, so don't quote me, I'm just speaking from the experiences that I have heard of. Good luck, I hope you get your money back. |
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T-Jem
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You are hanging your entire case on the fact that you did not have a written lease but you did have a verbal agreement. When you left you did break your agreement. Now the question regarding the 30 days is did you give them notice in writing or was it verbal. If you expect them to honor a verbal notice then you too must honor the verbal agreement that you originally had. I am sad to say but I am afraid that you may not win this case. |
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joshbl74
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Basics are this. With no lease you are a "tenant at will". You need to provide all documents you might have. Get the voided checks from your bank or your bank statements showing where you paid them and when and how much. If the land lord can't show a lease in court with your signature then it never existed. The $1400 is a ploy to get you to drop the suit. It is standard lease detail to require 2 months rent as penalty for breaking a lease. They figure that a judge would believe them and they might get that or at least scare you into believing that and get you to go away. Did you provide your 30 day notice in writing? Do you have a copy of that? If not find any phone records that may show calls made to the landlord at that time. Also records of the calls made to complain about the noise are good to have. Did you do any of this in writing? If you didn't then start sending them letters summarizing what you agreed to and keep copies. |
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acermill
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In this case, you would probably prevail, as long as you followed the law regarding giving notices of your intent to vacate. (You DID do this in writing, didn't you ?)
Meanwhile, if you decide to head for court, the judge will ask for a copy of your signed lease from the landlord so that he can examine the lease to see if the terms were violated. NO LEASE will be available.
Of course, if you have no written evidence that you gave proper notice of intent to vacate, then you are in just as much of a mess as is the landlord.
My guess on this one is that, absent ANYTHING in writing, the judge will simply throw his hands in the air and tell you to split the difference. |
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tiggerjnw
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What does the paper work say? Did you sign a lease? If nothing was signed, it is your word against his. |
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spadezgurl22
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ok, relax breath! u have evidence documenting what u did for the apartment. ur verbal agreement he broke by never giving u a lease for all parties to consent and sing to. since u gave him 30 days notice u shoudl have no problem. just bring all ur documented evidence to court, prove that u gave 30 day notice to leave and u should have no problem with the court siding with u getting ur security back. |
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Susan M
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Do you have your paperwork? Like a copy of your 30 day notice or any written complaints to landlord about the neighbors or a written request for the lease? Courts like evidence, like the above.
It is hard to say who will win. I don't know about your area and who your judge will be.
I guess that the landlord decided that he is keeping your deposit and enforcing it by taking it to court. He is making it worth paying for an attorney by demanding a further $1400.00 from you.
The best thing you can do is be prepared and don't let anyone rattle you about the circumstances. A question that is likely to be asked is, "Did you ever call the police about the neighbors?". That's what you are supposed to do in this kind of situation, of course, not many people would, because it is a neighbor and it's already tense enough.
Look on your calender and type up a time line to take for court.
Good luck! |
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Random Guy from Texas
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If you never got a written copy of the lease, they would have a very hard time collecting anything.
If you can prove that you sent a written notice, you would be in a good position in court.
It seems to me that your former landlord is a tad less than professional, and that your odds in court would probably be pretty good.
Much would depend on the laws in the state you live in. If you do a google search with the words
tenants rights [state name here]
You will probably find an organization in your state that will help, or at least have a website with useful information.
If you post the state you live in, I will check back and try to find something for you, if you like.
((begin edit))
It sounds like you have a very good case, with good documentation. I would definitely press the issue. |
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morningmud
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Verbal "contracts" are valid but not enforceable. They don't have anything in writing that you've signed stating how long you are leasing the place so they can't say that you've breeched a contract that they can't prove exists. I don't know about the deposit though; we always inspect a property before the tenant moves out so that both parties agree on what repairs may have to be done before issuing a deposit refund. |
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sortaclarksville
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With no lease, you probably have no recourse in getting your deposit back because, well, no lease = no deposit. You simply gave him some money. However, no lease and he can't sue you for past rent, either. If you guys went to court, I don't imagine you would get your deposit back and I don't imagine he'd get any rent he's trying to get. |
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Life Is Amazing
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Unfortunately, Tenants have more rights then Landlords.
As a landlord myself I have experienced it first hand. Their are many mean and selfish landlords out there that take advantage of their tenants but to be honest, I think you have a great chance of winning, specially because of the little one. I am sure the judge will see that it is not a good place for the baby to be in with such vulgar and disrespectful neighbors.
Good Luck.
P.s Don't worry, I am sure everything will be alright ! |
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Linz ♥ VT
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You shouldn't sue, that way you don't have to deal with them trying to sue you. Paying the deposit is a chance you take, you didn't like the neighbors so you left. |
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ernesto_tig
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The winner in court will be the party with the better paper trail. No lease was signed so there's no real agreement about deposits or refund of deposits. Do you have a copy of the 30 notice? Did you send it registered mail? What proof do you have of money being transacted between you and landlord? In court you'll get justice, maybe not fairness. Good Luck. |
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DMQ
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If you have a good attorney, you should win. |
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