Can a landlord sue for rent if a lease was never actually signed?

Question

I just moved out of a place due to roommate issues (he couldn't make his rent) and immediately moved into a new place. The landlord of the old place is threatening to take me to magistrate if I don't come up with

A) a security deposit that she trusted someone else to collect, but screwed her

B) last months rent which should be covered by the security deposit.

Her only problem is that she never got around to mailing us a lease to sign when we moved in, so we were just paying her. If she does decide to take this case to the magistrate, does she have a chance without a lease? And when I say no lease, I mean there was never a lease drafted, sent, signed, or even really discussed. She kept meaning to send it I guess, but never did. Oh, and I live in the state of Pennsylvania if that makes any difference, and I lived there for 6 months.

Answer 1

When you say somebody screwed her over the security deposit, did you guys pay that person the security deposit? Can you produce proof of payment? She can sue since you paying rent those 6 mths and living there made the verbal lease binding. If the initial agreement was that the deposit was to be rent for last month and you guys did pay the deposit, show the proof of deposit and the 6 mths of rent paid. Otherwise if you cant proove  you paid the deposit, or if u didnt pay for the deposit you will owe for rent...and not giving notice that you were moving.

Answer 2

She does not need a lease to collect for while you were living there and 30 days after you gave notice of moving, or any damages you may have done.

She will win any unpaid rent and damages, but not a security deposit, as you already moved out.

You should have paid a total of 6 months, or 7 months if you did not give proper notice.

Answer 3

Everything in real estate has to be in writing.... except leases of less than 1 year.  So you have a verbal lease.  You know that because you slept there even tho she hadn't sent you a written lease.  You could have refused to accept the key.

See if Judge Judy will put you on tv.  Judy will roast your landlord on tv.You might win in court but it will be close. An exciting case to watch. /

Answer 4

You are both at fault, the landlord for not providing the lease, and you for moving without notice.

If you go to court it would be a toss up as to who would win.  You could say you told her you were going to move, and she could say you agreed to sign a year's lease.  With nothing in writing, the judge would have to determine who is lying.  Your roommate should also be taken to court along with you, or you can insist that you be tried separately.

Answer 5

even if nothing was ever signed - you have a month to month lease by verbal agreement and by paying her rent for the last 6 months and you therefore must follow the landlord/tenant law.

Although - not having a signed lease does make these points a little harder to prove in court. Which does NOT mean that she will automatically lose - it is ultimately up to the judge.