I moved out of an apartment nearly two months ago. I took advice from a Renter's Rights website and had my landlord meet me at the apartment for a final walk-through. He was satisfied that the apartment was left in good condition and even said the place "looked great." I asked him to sign a "waiver" I typed saying that he agreed the apartment was left in satisfactory condition and that I am no longer responsible for the apartment after the lease expired. Now, his wife (joint landlord, who was not present at the final walk through) is threatening to sue for "damages" to the carpet in the apartment. Can she do this? Will the waiver her husband signed stand up in court if it goes that far? It's been nearly two months since I moved out, can she even still try to sue for so-called damages?
2007-09-14 03:32:04 · 18 answers · asked by ladyS49 1 in Business & Finance ➔ Renting & Real Estate
i would not see why that document wouldn't hold up in court. unless that Landlord is sneaky and the husband is not an "owner" then you may have a problem. if this is the case(husband isn't owner of property) and that ever gets brought up and he lead you to believe he was (ie. taking your rent, responding to your complaints/ phone calls)then this case can and will stand up in court and WIN as a valid case.
2007-09-14 03:42:24 · answer #1 · answered by nela jane and husband 2 · 0⤊ 0⤋
I think she has no case, even if you left your lease early, you still got the ok from the landlord, unless he wasn't the real landlord. With you having the waiver, so it is in writing that the apartment was ok, but did the waiver specifically state the apartment was damage free.
I also thing two months is way too long for them to say they will sue you. The only way would be if all your stuff wasn't out of there, but I am guessing since you did a final walk through, all your stuff was out of there. Unless they give a reason why they didn't enter the apartment before the two month mark, then you should be free and clear.
If you had pictures of the apartment, that would really help your case.
Probably what happened, the cleaning crew they hired to clean the carpets ruined the carpet. Or, they tried to clean them theirselves and didn't do it right and messed up and now they are trying to make you pay for their mistake.
One other thing, did they give you your security deposit back? If so, then you are definatly free and clear, because once they give that back, then anything after that, they assume the cost of.
2007-09-14 03:57:51 · answer #2 · answered by George P 6 · 0⤊ 0⤋
There are a few questions needed answered . 1- Were you renting from a private property owner ? 2- Were you renting from a company that owns many properties ? 3- Is the new girlfriend living in the unit where you we on the lease ? 4- Did you both go and have your name removed from the lease ? Any landlord can sue you for not complying with your lease . Sometimes the default amount is just turned over to a collection agency which will cause you not to be able to rent where a credit check is part of the application for a apartment . If the new girlfriend is in the apartment that is also considered a violation of the lease .Unless she is on the lease . You can always go to the landlord and arrange a payment plan to pay the debt of the lease , this will keep it off your credit report as long as you pay the payments on time and in full . If you do this be sure to get everything in writing , I can not stress this enough . If at a later date there is a discrepancy in the agreement . Get everything in writing .And always get a writing receipt even if you pay either in cash a check money order whatever , get a receipt from them and attach your record of payment with the receipt they give you .. If you are renting from a person who has one or two rental properties it may be easier to get a agreement on payments . Also the courts take the re rental of the apartment , house into consideration too . For example if you moved out 8 months before your lease was up but the apartment , house was rented right away , sometimes , i repeat sometimes the court takes that into consideration because the landlord did not lose money , as they would have if the property was left un rented . But here again the landlord must try to rent the property in ernest . Everything also depends on the policy and laws in what State you are in , every state is different in their rental laws . Check out the laws in your State and County
2016-05-19 03:27:08 · answer #3 · answered by ? 3 · 0⤊ 0⤋
The waiver will hold up in court as the final word, even if you didn't have the waiver you had already vacated the premsis wth a final walk through with the landlord (who was ok with it) and I'm asuming you received your security deposit back. That in and of its self is enough to free you from any legal issues. Also if there is another tenant already in the apartment her suit against you has no grounds either. Threatening and actually carrying out a lawsuit are two different things... everyone threatens, few actually do.
2007-09-14 05:20:24 · answer #4 · answered by sweetpea198320 2 · 0⤊ 0⤋
The only way around the waiver will be if they can prove that you deliberately tried to hide damages.
That is, they were given an opportunity to do a full inspection and that they didn't find problems is arguably their problem (not yours).
If, however, you deliberately concealed problems, then arguably you were committing fraud by doing so.
However, as the above said, this is America and you can sue anyone for anything. I don't think the court would even bother to listen to the case without some evidence that there was concealment going on.
2007-09-14 03:38:09 · answer #5 · answered by Elana 7 · 0⤊ 0⤋
In most states the former landlord has to notify you in writing within 30 days of any damages.
While I am not an attorney, since the husband signed off on the waiver and he is the owner/co-owner/landlord/co-landlord/husband at the very least the law would consider him to an agent and you would have no reason to beleive he didn't have the authority to grant the waiver I would be surprised if they actually tried to sue that a judge wouldn't just throw it out of court and rule in your favor.
IMHO, she is bluffing
2007-09-14 04:04:44 · answer #6 · answered by Craig T 6 · 1⤊ 0⤋
Yes, she can sue. Anyone can sue anyone for just about anything.
However, will she win in court? 99.9% doubtful with a co-owners signature. Her husband represented both of them when he signed the waiver. Sounds like she played "silent parner" when she is the loud one.
Also, if you go into court, try not to use the word "waiver" which seems to imply that he let you get by with a wrongdoing by "waiving" the penalty. Perhaps, "my landlord signed off that everything was acceptable" at my exit walkthrough would put you in a better light.
Good luck!
2007-09-14 03:39:38 · answer #7 · answered by ? 5 · 0⤊ 0⤋
The inspection you had conducted with them there was their chance to uncover damages. If they did not find anything and signed a waiver that you were in the clear, that is sufficient and will stand up in court. In your response be sure to state that you were personally present with the landlord or his agent during the walk-through and that every opportunity was given to look for damage.
2007-09-14 03:40:49 · answer #8 · answered by Jay P 7 · 1⤊ 0⤋
Anyone can sue anyone for anything. That does not mean that the landlord will win. Carpet damage falls under the heading of "normal wear and tear." Did you take pictures of the apt? If you have a waiver, relax. There is nothing they can do.
2007-09-14 03:37:23 · answer #9 · answered by notyou311 7 · 0⤊ 0⤋
when you signed your lease was her name on it also along with his? if it was she can sue you. how far the waiver will hold up without her signing it well i just dont know.did you break your lease or stay till it was up? did you do the damage to the carpets or was it there? do you have pics of before and after you moved in to prove it?this is the kind of things you need for evidence if she sues you. sorry i cant help more. really need to know more info on the question i asked
2007-09-14 03:49:04 · answer #10 · answered by smoke_horse 3 · 0⤊ 0⤋