I was living in an apartment about four years, and lost my job, so I couldn't pay the rent. I told the landlord that I was going to move out since I couldn't pay it. He never evicted me, never got a court notice or anything. Now I've gotten a summons for court, he's suing me for unpaid rent and "damages". I thought that's what the security deposit was for. It was more than enough to cover the rent and cleaning. I didn't damage the place.
2007-03-26 14:00:44 · 10 answers · asked by Becca 6 in Politics & Government ➔ Law & Ethics
I had a month to month lease. My security deposit was the amount of the first and last month's rent combined. What I don't understand is that why, after four years is he now deciding to sue me? Why not when this was all going on?
2007-03-26 14:10:27 · update #1
Yes he can sue you IF you did not give adequate notice (which is usually 30 days, OR the length of one rental period - say every 2 weeks, if that's how you paid). The SHORTER of the two wins. ALSO, your landlord has a duty to mitigate damages! This means he or she, upon you giving notice, had a duty to try and find another renter. BUT, if the landlord made a reasonable effort to do so and was unable to find a renter, or could only find a rentor that paid LESS than you did, then you are liable.
I recommend that you see an attorney.
2007-03-26 14:06:40 · answer #1 · answered by cyanne2ak 7 · 2⤊ 0⤋
First off you are required to give 30 days notice before you move out so if you failed to do that in writing he is going after that portion of the rent. If you moved out its not the landlords responsibility to evict you. Then if you left the place without doing a walk through and the landlord had to have it cleaned then whatever security deposit you paid will go to pay for that, but if the costs exceeded the deposit they are able to recover those costs as well. And if there was any damage beyond the normal wear and tear they are able to recover that. The deposit is not to pay for unpaid rent, and your assertion that the deposit was more than enough to cover the landlord's costs are your opinion. A professional cleaning crew typically makes $400 per day.
2007-03-26 14:08:36 · answer #2 · answered by meathookcook 6 · 0⤊ 0⤋
In most states, security deposits cannot be used in lieu of unpaid rent. Security deposits are to cover damages, not rent. Yes, the landlord can sue you for any combination of rent and damages that exceed the money you left behind. If you had a lease, he can sue you for the months it wasn't rented if he makes reasonable efforts to get it rented. He can sue you for the newspaper ad, too.
If it was a month-to-month tenancy, he can collect unpaid rent from when you lived there, an additional month's rent as a 30-day notice, and damages. If the damages were so extensive that he couldn't rent it for an additional month while repairing it, he can collect that month's rent, too. In no case does he have to evict you in order to sue you.
2007-03-26 14:15:08 · answer #3 · answered by normobrian 6 · 0⤊ 0⤋
It depends on whether you broke your lease agreement. If you had a yearly lease you can get sued for breach of contract. If there was no yearly lease you still have to give 30 days notice or they can charge you for that months rent. The deposit is always iffy though. Landlords can come up with tons of excuses for why you forfeited it. Stuff was damaged more than normal wear and tear and other b.s. yada yada. Look at your rental agreement and that should be where your answer is.
2007-03-26 14:09:45 · answer #4 · answered by Eisbär 7 · 0⤊ 0⤋
depending on if you had a current contract, I think in texas , lets say you signed a one year contract and 6 months lateryou moved, i think you are responsible for the unpaid rent UNLESS he rents it to someone else. lets say 2 months later he rents it, I think you would be liable for the 2 months worth, of course finding out if it got rerented is onother story. Also there may be like a 30 day notice that you are required to give before moving, if there is no contract then he might get you for some fee for that. First you need to see if there is a current contract and read the small print
good luck
2007-03-26 14:10:43 · answer #5 · answered by joe bracston 1 · 0⤊ 0⤋
That is for a Court to decide now...My bet is that your Security Deposit was not enough to cover everything....
YES ..He can sue you...
Did you give 30 days notice...If not you are liable for 2 months rent....Plus Cleaning and damages..did you hang pictures...they have to repair the holes...etc..tenants have no Idea as to the upkeep or laws...Get a lawyer...he can explain the laws in your area as they differ from state to state...
2007-03-26 14:08:08 · answer #6 · answered by Real Estate Para Legal 4 · 0⤊ 0⤋
if you did not sign anything upon surrendering the property then it will look to the court like you abandoned the premises and yes you will have to pay for any back rent due to him. sounds like you did not leave under normal circumstances!!
2007-03-26 14:13:24 · answer #7 · answered by Sir Hard & Thick 3 · 0⤊ 0⤋
If the repairs outweigh the deposit then he has every right to sue you.
2007-03-26 15:31:16 · answer #8 · answered by smedrik 7 · 0⤊ 0⤋
If you signed a contarct yearly then yes he might be able to sue you. However if there was no contract he wouldn't likely win if he sued you.
2007-03-26 14:07:08 · answer #9 · answered by Anonymous · 0⤊ 1⤋
well ur screwed
u got no proof
but maybe u can get ur old boss to write a letter that u had lost ur job and thats y u moved
2007-03-26 14:03:31 · answer #10 · answered by Anonymous · 0⤊ 2⤋