My husband and I asked our landlord several times for a rental agreement and she never had us sign one, know that we have moved out, she has called and threaten to take us to court because of damage that was done to the place before we moved in. What rights do I have since there was no rental agreement?
2007-11-18 17:31:33 · 6 answers · asked by BLONDIE 1 in Business & Finance ➔ Renting & Real Estate
Always document damage when you rent a place. Video is good.
2007-11-18 17:46:17 · answer #1 · answered by ? 5 · 3⤊ 0⤋
You have no rights. But, neither does your landlord :)
In the absence of an inventory listing how the place was prior to your arrival, any accusation that you've damaged the place isn't going to get anywhere, as there's zero proof that you cause it.
Trying taking someone to court for not paying me £500 under a contract, but then see how you get on in court if you don't provide any evidence of a contract. You'll be laughed out.
Just tell the landlord to stop wasting your time.
That said, I'm sure you're great tenants, but just check to make sure that the landlord's claims of damage aren't partially true. If the landlord has photos of how the place was before you moved in, then can show how messy/damaged it is now, then even in the absence of a contract you'll be liable.
If I scratch my neighbour's car door, then I'm expected to cover the damage even though I don't have a contract under which I'm expected to protect it.
2007-11-19 07:33:43 · answer #2 · answered by bunglejemson 1 · 0⤊ 1⤋
Depending on where you live, certain tenant rights are assumed when there is no written agreement. For instance, in Nevada:
4. The absence of a written agreement raises a disputable presumption that:
(a) There are no restrictions on occupancy by children or pets.
(b) Maintenance and waste removal services are provided without charge to the tenant.
(c) No charges for partial or late payments of rent or for dishonored checks are paid by the tenant.
(d) Other than normal wear, the premises will be returned in the same condition as when the tenancy began.
You need to find out that the provisions are for your state, and proceed accordingly.
2007-11-19 09:29:57 · answer #3 · answered by Sagebrush Kid 4 · 0⤊ 0⤋
You have the right to have your case heard in court.
Was there any kind of written walk thru inspection when you first rented the place that you and the landlord signed off on?
If not, it's your word against the landlord.
2007-11-19 01:36:37 · answer #4 · answered by Uncle Pennybags 7 · 0⤊ 0⤋
If there was no written rental agreement, you were month to month tenants by default and your state's Landlord/Tenant laws cover both parties rights.
The landlord can file in Small Claims against you for any damage. She will have to prove her case and you will have to defend against it. It will come down to who has the evidence to back up their claims.
2007-11-19 07:58:10 · answer #5 · answered by ? 6 · 0⤊ 0⤋