I Have been living where I stay for 4 months, I sent my landlord 2 money orders totaling 5 months worth of rent, which includes security deposit, now I am leaving just short of 4 months, and I would like to know If I will be able to receive my money back. I have never signed a lease, Will I be able to receive the rest of my remainding amount of money?
2007-12-17 06:47:18 · 11 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Without a signed lease, state law creates one for you...it's call a month to month tenancy or tenant at will. You will need to follow local laws to end your tenancy...failure to do so could result in the landlord keeping your money.
2007-12-17 08:08:24 · answer #1 · answered by LILL 7 · 0⤊ 0⤋
Yes, he can file. Whether or not he can win depends on a few things. Though you haven't signed a lease, you do have a verbal agreement for a month-to-month lease. That's in his favor. You are withholding rent in order to get repairs completed, but you have no lease agreement that would enforce his performance. That's also in his favor. You are still living in the house, and as long as you live there, repairs or not, you should be paying rent. That's in the landlord's favor. So I would not withhold rent in lieu of the repairs. Give him a thirty day notice on the last day of May, pay your rent through the end of June, and find yourself a new place.
2016-04-10 04:31:20 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Since you never signed a lease, there is probably little in the way of evidence of the terms of your oral lease. Did anyone witness your discussions with the landlord? Did he ever send you a letter in which your agreement was discussed? Good luck.
2007-12-17 07:45:21 · answer #3 · answered by Bibs 7 · 0⤊ 1⤋
have you asked for it back? Without a lease it become difficult if the landlord wants to make it hard on you. You will need to go to small claims court if he refuses to refund the amount to you.
2007-12-17 06:51:37 · answer #4 · answered by redwine 6 · 0⤊ 0⤋
If the landlord doesn't give it back to you, you don't have much recourse as if it went to court there is no physical proof of the agreement.
In addition to go to court you would have to pay filing fees and service fees upfront. If you lost you might also have to pay his legal costs. Could prove to be an expensive lesson.
2007-12-17 07:02:21 · answer #5 · answered by Craig T 6 · 0⤊ 1⤋
No lease = month to month implication (30 days likely).
What ever date you told him you were moving out - he is likely allowed to charge you for rent one month after that. It is implied that you will give one month notice to terminate. Just as he could have kicked you out with 30 days notice.
If you are going to push it, I hope you save your money order receipts.
2007-12-17 06:58:18 · answer #6 · answered by yakrafter 2 · 0⤊ 0⤋
Depends on whether you provided written notice of intent to leave according to statute, and whether or not there are any damages to be assessed against you.
If you did not give proper notice of intent to vacate, you probably won't get anything back.
2007-12-17 07:17:34 · answer #7 · answered by acermill 7 · 1⤊ 0⤋
why are you leaving early if you prepd 5 months? stay thru 6 months and make sure you get your security deposit's worth in rent
2007-12-17 07:02:17 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Probably not. You and he did have a lease, just it was unwritten. A key is, when did you give notice to move and how does it compare to state law on the subject?
2007-12-17 07:48:33 · answer #9 · answered by kingstubborn 6 · 1⤊ 1⤋
Can you spell Small Claims Court?
2007-12-17 06:51:18 · answer #10 · answered by Anonymous · 0⤊ 0⤋