Can a landlord do this?

Question

My friend recently moved out of a house that her sister in law (who is also her landlord) owns. The landlord sister in law told my friend and her husband that they would have to not only clean the house from top to bottom, but also repaint every room and make any necessary repairs. My friends husband was willing to do the repairs and paint and then his sisters husband just told them today that they would also owe next months rent and water. My friend asked me if her landlord sister in law can do that to them? They haven't lived in the house now for 2 days and it is not even the first of August. Why should they be responsible for next months (August) rent and water if they aren't even living there or using it? My friend paid everything up through the end of this month since they were moving out. They only had a verbal agreement because they were renting from family so no lease adendum was signed stipulating any length of time that they should live in the home.

Answer 1

Absolutely they can refuse. They should leave the house clean and in proper order. Not leaving a mess for the landlord to clean up.

Normal wear and tear on a house is expected and the tenant cannot be held responsible for it.

Holes in the wall however are NOT normal wear and tear.

If the home is not damaged in any way tell her to go fly a kite, A tenant is only responsible for leaving it clean and tidy.

Under normal circumstance the tenant is not responsible for the following months rent UNLESS there is a clause in the contract that stipulates the tenant must give (?-days) notice. Say for example the contract says you must give the landlord 60 days prior notice before moving and the tenant only gives 30 days, then the tenant may be held responsible for the last 30 days.

It pays to read a contract very carefully as by signing it you have agreed to the rules.

Being as no contract has been signed, your friend can not be held to what the landlord is asking.

If the landlord as a jackass just leave, it is time someone put her in her place.

Answer 2

The sister in law is being abusive and taking adavantage of them.  They should tell her to go pound salt.

Answer 3

Normally, those things would be detailed in a contract. The contract doesn't have to be written, so if the tenant's duties upon leaving the property were discussed before hand, that would normally determine what should happen.

I'm assuming from your story that this was never discussed prior to now. In this case, if the case got to court, the court would rule either according to laws that might exist in the specific town or state where the property is, or according to the customs in the area.

I think that the custom is that the tenant should fix any damages she made, except for reasonable wear and tear. So, if they did something to the walls, it's reasonable for them to be asked to paint them. Generally, they should return the apartment in the same condition they got it in.

As for the extra month rent. Once again, since they are not leaving at the end up an agreed upon term, some questions are:

did they give proper notice before leaving?

was the notice they gave sufficient for the landlord to find new tenants and make needed fixes?

also, if the tenant is supposed to make repairs, he should continue paying the rent for the time he is repairing the apartment, even if he is not living there.

On top of all of this, there is a practical question of securities. This is important b/c most of these cases don't go to court, so the above discussion is only theoretical. The practical aspect is what would happen if they just left and ignored the landlord.

Answer 4

I own a duplex that I rent out and usually those types of repairs come out of the initial deposit paid.  Since this is family and they did not sign a lease then a verbal agreement is binding however, if that was not part of the verbal agreement, the landlord cannot make them or hold them legally obligated to do so. As far as having to pay next month's rent & water, again that is normally part of the lease agreement.

Answer 5

Depends...on if you allow the landlord do that. Is it legal? No. Tenants would win if it went to small claims court. Sounds like family taking advantage of family if you ask me. They could refuse to pay... of course, that could sour the relationship somewhat, but I think the sister in law set that one up. I wouldn't let her push me around. Them cleaning/painting and, ultimately, getting the property ready for her to put on the market, is more than enough of a "thank you" in my opinion.

Answer 6

Just one more reason NOT to do business with family without everything in writing.

I think the only way to maintain peace is to bargain with the landlord and volunteer a compromise for 15 days' rent.

Answer 7

If there's no lease, they can move out whenever they want.  If there's damage, they probably won't get their security back.  Perhaps they should ask SIL on what basis she's making these demands.  Given what you've written, it appears she's seriously overreaching.

Answer 8

She can't make them pay rent when they are no longer living there.  As for the repairs, I'm not sure.  Normally, that would be covered by the deposit, but if there was no deposit, I'm not sure how that changes things.

Answer 9

The simple answer is No, if there is no formal contract she can't force them to do anything. Typically a renter will give 30 days written notice before moving out, unless there is a move out date already in the contract. Usually there is a deposit of which part is refundable upon certain conditions, if you don't clean or make repairs the landlord keeps the deposit. But since there is no contract none of this really applies.

Answer 10

they can refuse but because it is verbal contract it will mean that the landlady will be able to not let them stay there because no contract or anything has been writen up and signed by both parties.

Answer 11

if there's no lease then there is nothing either party HAS to do.

Answer 12

If there is no lease, it is automatically a month-to-month lease (if the rent is paid monthly) and usually requires a full rentaL period notice (or 2 in some states) notice of your intent to terminate tenancy by tenant or landlord.  If they failed to notify before July 1st, they owe the rent for August.

As for the "clean house top to bottom" and  "responsible for ALL repairs .. NO WAY!!!!  The LANDLORD is responsible for repairs, and must collect the cost from the tenant IF and only IF the tenant is responsible for the busted stuff.

What c**p is she trying to pull here?