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she23 · Nov 8, 2007, 06:09 AM

Hello,
I have a situation... My rent is due on the 1st of every month, after the 15th it is late and there is a fee. But I pay on the 15th every month and my landlord is okay with that. Upon the move in we NEVER signed a lease, just filled out an application, and she told me (verbally) that to move out just she require a 30day notice that is all... she let us move in mid month of September. I don't remember if she pro-rated the rent of not. BUt whatever she request it was paid to her. After a year at the residence I decided to put in my notice due to financial difficulties. I paid the rent on the 15th as usual and on the 22nd of the same month I put in the notice. I went to her job and gave her the notice. Then week later I received a call from her that she wanted me to pay... $330 for the pro-rated rent from the initial move in. At first I agreed to pay it but now I don't think it is fair when she only requested a notice to move out. Now months later she is requesting money from damages done to the house. I paid a security deposit but never signed a lease. Lease wasn't provide to me. She is telling me that their was $1,345.00 worth of damage that I done or my dogs did. So my question is... am I responsible to pay the $330.00 and damages done, when there is NO lease agreement and nothing put in writing about damages?

Thanks... desperate for an answer!!

Ms Punky Doodle · Nov 8, 2007, 06:25 AM

Originally Posted by she23

Hello,
I have a situation...My rent is due on the 1st of every month, after the 15th it is late and there is a fee. But i pay on the 15th every month and my landlord is okay with that. Upon the move in we NEVER signed a lease, just filled out an application, and she told me (verbally) that to move out just she require a 30day notice that is all...she let us move in mid month of september. i don't remember if she pro-rated the rent of not. BUt whatever she request it was payed to her. After a year at the residence i decided to put in my notice due to financial difficulties. i paid the rent on the 15th as usual and on the 22nd of the same month i put in the notice. i went to her job and gave her the notice. Then week later i received a call from her that she wanted me to pay...$330 for the pro-rated rent from the initial move in. At first i agreed to pay it but now i don't think it is fair when she only requested a notice to move out. Now months later she is requesting money from damages done to the house. I paid a security deposit but never signed a lease. Lease wasn't provide to me. She is telling me that their was $1,345.00 worth of damage that i done or my dogs did. So my question is...am i responsible to pay the $330.00 and damages done, when there is NO lease agreement and nothing put in writing bout damages?

Thanks...desperate for an answer!!!!

She has to take you to small claims court, usually. Without a lease she is screwed.

excon · Nov 8, 2007, 06:37 AM

Hello she:

Actually, you are a month to month tenant, and if she can prove your damages, YOU are screwed - not her.

excon

ScottGem · Nov 8, 2007, 06:49 AM

First the absence of a written lease doesn't really matter. As noted, it means you are a periodic or month to month tenant. You are still subject to the responsibilities of a tenant that are in effect for your area (just as she is responsible as a landlord).

You paid a security deposit, the purpose of which was to provide security for the landlord if you left damages. On the flip side, she was required to either return the deposit or send you an accounting of what it was used for within a certain period. If she didn't, she may have forfeited her right to withhold funds for the damages.

As for the pro-rating, that is a sticky point. She may very well be entitled to charge it. Definitely she can charge it on the back end. So if you gave notice on the 22nd, Then she can claim full rental for the following month. Assuming that rent is collected in advance (i.e. Rent due on Oct 1 is for the month of Oct) if you moved in on the 15th, you could be accountable for that half month.

she23 · Nov 8, 2007, 07:23 AM

Originally Posted by excon

Hello she:

Actually, you are a month to month tenant, and if she can prove your damages, YOU are screwed - not her.

excon

Okay Excon... that means that do have to pay the $330?? :confused:

excon · Nov 8, 2007, 07:38 AM

Hello again, she:

If the damages of $330 are OVER and ABOVE your deposit, then you owe her. If ALL you did was $330 in damages, then she owes you your deposit MINUS the $330.

excon

she23 · Nov 8, 2007, 07:43 AM

Okay thanks Scott Gem that has helped me... I felt like I wasn't responsible but in fact I am. I have another queston about the same topic... she emailed me a list of damages done to the house and some them I can admit did occur from my dogs and other aren't my fault. The house needed some fixing up before we moved in... ie: broken back window, which was fixed but the other connecting window wasn't as a result my dog broke through it and ran away. The landlord broke one of the windows trying to get in the house, I NOT responsible for that? She also wants me to pay for a cracked toilet and I know that I didn't to that. There are a number of reason the toilet is cracked but I'm not going to take the blame for that. I just feel like she is being petty for some the damages, is that right? What should I do??

Thanks, desperate for an answer!! :confused:

excon · Nov 8, 2007, 07:52 AM

Hello again, she:

If neither of you took pictures or did a walkthrough when you moved in AND when you moved out, then it's just your word against hers.

If you don't pay her, she'll sue you and a judge will decide who is telling the truth. Or, you can sue her for the deposit she's holding, and the judge can decide that too.

excon

ScottGem · Nov 8, 2007, 08:06 AM

If the $330 is for pro-rated rent for the 1st half month, you probably need to pay it.

As for getting back your deposit that depends on the answers to the questions I asked.

she23 · Nov 8, 2007, 08:11 AM

That is what I shall do then... By her calculations the total amount was more than the $1,345. She just sudtracted the deposit from that amount.

Again I just want to say THANKS, your answers has help me!!

ScottGem · Nov 8, 2007, 08:15 AM

First, please keep all the questions on the same issue in the same thread. Make it easier to follow. I moved the new thread here for you.

As excon said, if you don't have proof that you didn't cause the damages you may be out of luck. For example, you said the LL broke a window trying to get in. Why did they have to break a window? If its because you changed the locks, then that WOULD be your fault.

Frankly, I would just drop it as it will probably cost you too much to try and get a part of it back.

kali1010 · Nov 8, 2007, 04:33 PM

It does not make sense