Can a landlord still sue if lease term was over and we never signed a renewal?

Question

We are being taken to court for damages that we did to the house we rented. Some damages I don't mind paying so he took my $750 deposit. Damages were writing on walls from kids, broken towel holder fixtures and a dirty carpet that was dirty when we moved in. Nothing major. He says we caused $7000 worth of damage. Now the way I see it, he needed to repaint, recarpet and repair minor fixture damages anyway for the next tenant. He wanted to remodel so gave us notice to move out and I did not fix some things cause he was remodeling anyway. well he is taking us to court. Our lease was not automatically renewed and we still lived there without signing a renewal. Does this give me any type of edge?

Answer 1

You should have negotiated the damages at the end of your tenancy. But the fact they indicated they were remodeling doesn't give you the right to leave the place in tatters.

If a tenant did this to me I'd sue his butt off, too. Your only hope is to offer a compromise before the court date.

Answer 2

YEP

READ your lease. . .when you changed to month-to-month its terms may have survived

Did you give written notice?

Did you stay past the lease term?

Did you do a walk-through with LL prior to moving out?  Did you document condition of premises?

It sounds like we're not getting full story here.  Normal wear and tear is not your responsibility, a few nail holes in wall, a scrape in paint, BUT crayon marks are not normal wear and tear and it's your job to remove them--actually its your job to prevent them being made on wall.  What did lease say about carpeting, about cleaning it?  My leases require tenants to clean it prior to moving out or I charge them for doing so.  LL must give you itemized list of damage to premises, and the fact that he was going to remodel doesn't excuse you from responsibility for damages you did during your occupancy.  Preparing place for new tenants should entail LL painting as you should have cleaned and repaired what your family broke, not expecting LL to absorb cost of  "repairing minor fixtures."

Any time you go to court you have a 50/50 chance of prevailing. . . .It costs LL $$ to file in court against you. . .LL must be upset with damages and feel he has strong case against you for damage to his apt or he wouldn't be suing you. . . .I suggest that you talk with him and be honest with yourself and see if you can work out something. . . .

Answer 3

nope get a good lawyer

Answer 4

You didnt mention how long you lived in the house, actual time spent in the dwelling does matter when talking damages. If you are there 1 yr and under you will be charged for abnormal wear and tear.  You dont have to sign a renewal, most leases roll over to a month to month lease.  You should of filled out a move in/moveout statement as of the condition of the unit and if it was dirty when you moved in you should have it listed on that form and should not be charged.  If you put everything was ok or dont have one of those forms and have been there for under 1 yr you are probably going to be paying for damages.

Answer 5

The lease does not matter.   You were simply month to month without it.

If you tore the place up and he is remodeling because of that then he will win this case.    

You are both on pretty even footing for the hearing.

He has to prove that he did, or needs to do 7k worth of work because of you.    Pictures of damage, quotes and receipts will be required of him.

You will have to prove you did not do said damage.   If you have pictures from move in showing the dirty carpet and it is about the same now then you can submit those.

It is never a requirement to paint and recarpet unless a tenant damaged the property.    

You will at minumum need to pay for anything your kids damaged.    Since they are wild enough to write on the walls I am betting they are pretty destructive, as that is a pretty weird and destructive thing to do.  

Bring in anything you have IN WRITING that indicates he was planning to remodel.   If your request to leave was not because you were destroying the property, but he wants to upgrade this notice is your most important document to bring to court, that is your edge....not the lack of a lease.

Answer 6

He is trying to take advantage of you.  A perfect case for Judge Judy. She would roast your landlord for asking $7,000.  You will win any court case.  In the future you will videotape the day you move in and the day you move out.  You can borrow a camera if you can't buy one.  If you had done that , the landlord would owe you money.