is my ex landlord right ?

Question

me and my 3 kids moved into a 2 bed flat, the landlord gave me the tenancy agreement but i never signed it, just cos i forgot and he never chased it, i moved out without any notice now he wants
to charge me the extra month, I had to move as i was sleeping on floor, kids had the bedrooms and i have arthritis, therefore i needed a bed. i rented privately as council wanted to put me in a studio flat with 3 kids, eldest being 15. He also charged me an extra 250 deposit when i moved there without telling me, where do i stand, can anyone help ?

Answer 1

First of all, a verbal agreement is a binding contract. Secondly, why do you feel the need to screw your landlord?? He's losing a month's rent because you didn't have the decency to give notice. It's a sad world when a handshake or a persons word of honor means NOTHING. Be ashamed.

Answer 2

The laws are different in every state, but you left the landlord in quite a spot. When you move out without notice, that means that he hasn't had time to put an ad in the paper to try to get a new tenant.

If you couldn't sleep on the floor, why did you take the apartment in the first place? I also wonder how someone can charge you $250 without your knowledge.

He may very well win a lawsuit against you. I'm sure the judge will have the same questions that I do - probably lots more. Just because you didn't sign a contract doesn't mean that you will win regardless of what these other posters say. It really depends on whether you live in a state that favors landlords or tenants. By moving in and paying rent, you legally agreed to certain things regardless of whether or not your signature was on a piece of paper.

Answer 3

If you moved in; even without signing, you accepted the terms of the agreement. It was your responsiblity to give proper notice. Although you didn't sign the document; you had it in your possession and were aware that your contract indicated proper notice for moving out. I presume that since you have an older child, that you have rented previously and were well aware that almost all landlords require proper notice; then you intentionally broke the agreement. Buying a used bed would have been a lot less costly than moving out without notice. The extra 250.00? Maybe you didn't indicate correctly on how many people were going to live in the apartment and the contract indicated an extra cost if there were more people than what was agreed to in the contract?

Answer 4

Legally without a contract he can't make you pay the extra month - so don't. However, be warned I have known landlords to take the rent out of the deposit instead, don't know what you can do if he tries that. Even if you pay the extra month, he still may not return the deposit, so be careful. Hopefully someone else will have more details.

Answer 5

Hi there. You really need to clarify which country, even in the UK, where I think you are from, laws on renting are different in Scotland and England.

In general however your landlord is not playing fair based on what you have described. But beware that if you have been paying rent then in effect you have entered into a contract. This issue is what is "understood" by that contract, you will need to provide more details and seek professional advice. As a starting point go to the citizens advice team ... and in the interim do not pay any more money until you have received their advice.

Good luck

Answer 6

your landlord has no rights in this situation. He can not demand you pay the extra month as a contract was never signed and agreed upon. As for your deposit, do you have a receipt?? If so you can prove he has your money and because you didn't sign a contract no term of lease were given meaning he hasn't got a leg to stand on.

Answer 7

Sounds like you're in England, while I'm a Yank lawyer; so take what I say with a grain of salt. I disagree with the answers above, that there's no contract. In the law there is something known as "ratification by conduct", which means, if I'm shown a written contract and I accept the goods listed in the contract (or apartment, in your case) and go ahead and start making payments, I've "ratified" or accepted the contract by my conduct, even though I didn't sign it. And in that case, I'm bound by the terms of the written contract. So, I think your ex-landlord's correct.

Answer 8

you did not sign a contract but, one exits between you and your landlord, contracts do not have to be in writing in giving and accepting rent a contract was formed, however the the silent contract between you does not make provision for monies to be charged outside the provision of rent in this case i would defend any court action, as far as notice is concerned there is a statutory notice period of one month per year of occupation on both sides so the landlord MAY be right in this case good luk hun

Answer 9

Since you moved in and lived there, you have a functional relationship and probably owe him something, even without a signed contract. It sounds like both of you have a valid position, and should be able to hammer out a compromise, but I would suggest a mediator or consumer advocate.

Answer 10

If he has no contract with your signature you can ignore him. He can't provide the lease, and the burden of proof is on him. Of course, it sounds like you screwed him over by not signing the lease. He's now trying to intimidate you into giving him more money.