Renters' Rights?

Question

Do you have any good online resources for information on renters' rights? In Nov. 2005, I moved in with an old friend who owned her own home. In Feb. 2007, she gave me a letter that stated, "Due to the fact that the school year is coming to an end and all my finances are in order, I will no longer be needing a roommate." She then gave me 30 days to move out, but I moved out 2 days after receiving the letter. She is now saying that she will bill me for damage to her house. This "damage" consists of 3 small hooks I put on the closet doors to hang clothes on. She claims the doors are "ruined" and will need to be replaced. However, upon moving in, I never signed a lease, form, or document that indicated I would be responsbile for any damages that may occur. In fact, she never asked me to sign anything. I believe I am right in thinking I am not responsible for the bill, should she send it to me. Does anyone know for sure, or know where I can find out? Thank you so much!

Answer 1

I agree with others that since you had no formal relationship, you were essentially a guest, not a tenant. Even if your former friend wanted to press the issue and attempt to establish that you were a tenant by virtue of periodic payments you made, the fact that she did not require a lease or security deposit at the outset would make it difficult for her to prevail. Any reasonable person entering a rental relationship who is concerned about damages requires a deposit.

It sounds like your friend took advantage of your need for housing when it was convenient for her and didn't have the fortitude or character to approach you like an adult when her situation changed. If she didn't have the guts to talk to you about moving out, it's doubtful she'll want to look you in the eye in a courtroom over her trivial damage claim.

Did you discuss the installation of the hooks with her before putting them up? Whether you were a guest or a tenant, it would have been reasonable to ask approval for the alteration. Even so, I can't see replacing the door(s) if the hooks are small. Chances are they can be filled for a modest cost. I don't think you have any legal obligation to do anything - so it boils down to what you feel is right and how you want to conclude your business with your "friend".

Answer 2

Your legal rights are determined by your state's laws. Generally, when a building that has rentals in it is sold the new owner must abide by the the signed leases. So if he agreed to another year lease the new owner would be legally required to let you stay. UNLESS the lease had an written out in it. Many leases include a clause that allows the owner to give 30-60 or 90 day notice when the building is sold. So a lot depends on the lease document. He may not want to or you may not want to sign yourself up for another year knowing about the sale. What about a month to month lease. Which means you would have about 30 days notice to leave. A lot depends on what the new owner wants to do. Is the new owner going to rent the place out or move in. Would the new owner raise your rent, Is the new owner going to go condo on the apartment. The new owner, if the deal has already been signed, may not allow this nice man to offer you any rental beyond Oct.

Answer 3

Technically, you are not a renter, just a roommate. Most renter's rights would not apply to you.

Whether you were a renter or not is immaterial. You are responsible for damages you cause, either accidental or intentional, no matter where you are. But saying the doors are ruined and must be replaced for three small hooks seems drastic, so I would ask her to see them and how much damage there is from removing the hooks. You should not be paying for the cost just because she wants new doors, but you do have to accept your responsibilities.

Answer 4

If you didn't sign a lease and you didn't sign any paperwork about the condition of the home or pay a deposit then you are not liable for anything. She wanted to make it all legal and proper when kicking you out by giving you the 30 day notice then she should have been smart enough to make it legal when you moved in and charge a deposit and done a walk through with you before you moved in. Tell her to take you to court for the damage. She'll end up losing in court and then paying court costs on top of it.

Answer 5

I can't say for 100% sure, but it would seem to me also that if you never signed an agreement that you are not breaching any agreement. Why doesn't she stop being petty and leave the hooks in the closet, it's a good idea anyway. What a horrible friend!!!! Glad you moved out, but I wouldn't worry about anything, tell her to choose between a closet door and your friendship!!

Answer 6

you were a boarder/guest in her home..
and you have receipts? cancelled checks made out to her???

shame you didn't take pictures..........before you moved in or not..but that can work to your advantage

tell her to go ahead....and where you live.....and all the information
and that you will be countering..her claim.........with your time for court...(so days work , travel)..and your moving expenses...

could go either way..but might as well counter it...
keep all your receipts..(believe she has 2 years)..and photo's (so say you took of photo to send someone while in the room helps some not lots..but basically you didn't know she would go that way)

mostly courts go in favor of the landlord..but this is so frivolous..it could go in your favor..don't let it get to you...........
and tell her you hate to see your friendship go this way..but you will counter..................
then simply..........if she goes to court........she let out the place and got paid..and had "wear and tear" which would have happened anyhow.....and had you known she would go that way you would have had her sign something.. for putting up a hook

so keep it simple.........and do counter......
I love it when people threaten to sue me..i give them a business card with all my info..........and I tell them I will be countering...\\

just a quick P.S...we had a rental of an expensive downtown condo with brand new (and this is with lease)..the owner never even used the new stuff and rented it out for one year...with a lease...when he got here to move in after renting it for a year ..he sued for..the damage to the appliances..and the judge ruled 100% in favor of the tenant........said..normal wear and tear..and it should not have been rented out if the owner wanted it new..
so could go either way........

Answer 7

If you didnt sign anything before moving in, then you are not responsible for anything in that house. You were her guest. If you are still on or near campus you can go to a professor that teaches any kind of law class (business students usually have to take some type of business law class so see who teaches a class like that and go see them, that way its free) if she was stupid enough to actually try to take you to court they would probably laugh in her face and tell her to quit wasting their time.

Answer 8

Most times this ends in civil court and nobody really wins. If she has any of your money ..forget it.
If she claims you owe her, let her prove it and take you to court.

Either way its over both parties should just lick your wounds and move on.

Answer 9

i don't know what state you're in, but you can get all this info in your state's Department of Consumer Affairs web page (for example for CA it would be www.dca.ca.gov) from there go > "Legal Guides" > "Tenant / Landlord" section

Answer 10

You have no contract with her so you were not a "renter." You were a guest.

She is attempting to extort money from you.

Tell her to stop the harrassment.