I have been renting my house yearly since Jan 2006. My landlord who is/was a friend of mine would always?

Question

say she would get around to coming up with some paperwork but never did. I never pushed her for it because I've known her personally for several years. Every year sometime in January we'd talk (shes my hairdresser) and she would say we would just do what we did last year. I've written her checks each time so I can prove dates and when this started. This month she handed some of her duties over to a lease agent who is trying to get me to sign a contract that changes my payment due date and makes me responsible for pet damages although there were preexisting pet damages when we moved in. She does not know the condition of the house when we first moved in. Only the owner does. The owner is stating now that she didn't know about pets but we have the same amount of pets that I've had in my last 3 lease houses. I told her I wasn't signing anything that was contrary to our verbal lease agreement at the beginning of the year. Nor was I going to sign anything that makes me responsible for preexisting damages. I said I would just continue with my verbal agreement and move out at the end of the year. Do I have any legal standing here?

Answer 1

Read what Landlord is telling you. She's right. I am also a landlord

Answer 2

In my opinion though you did not put anything in writing you have a verbal "contract".  It sounds to me like the anniversary month is January.  

I would contest this.  Demonstrate that this was a year to year lease.  I believe you can do that based on what you have said.

If this were a written lease for one year they could not have you sign a new lease arrangement until the current one expires.  Though this was verbal I think by a preponderance of the evidence you would win your case.  In other words I believe your version would be more believable.

If I were you I would be doing the same thing.  If they try to evict you then wait until you have to cross that bridge.

Answer 3

You are on a month-to-month agreement. You could get a 30 day notice at any time. It is legal and binding. Oral agreements mean nothing. If the new manager is playing hardball you'll get evicted and owe court costs and legal fees, too.

Answer 4

If you won't sign the lease you need to move in 30 days, not the end of the year.

Verbal leases are not leases, you have the same rights as any other month to month tenant.

The landlord/agent does not need a contract to hold you responsible for pet damages, the law holds you responsible for your own animals.

If it comes to trial you would have to prove that your pets did not damage the property in the 2.5 years you were there.   That would be hard to prove.

Your only legal standing is that you have the right to move out after a 30 day notice.   It is not lawful to refuse to sign a rental agreement.

Answer 5

Boy- it sure would be a hassle to lose your apartment, your friend AND your hairdresser all at the same time.  Think it through and decide if you're ready to do that. The problem is that this rental agent she's hired is whispering in her ear and making you (and all tenants)the enemy.  With nothing in writing, you now have 30 days to conform or they have the right to evict you, but of course you would owe nothing for thier "prior damages" claim (thats just completely lame) unless they can prove it, which they can not.

If it were me?

I'd take your landlord/friend/hairdresser out to lunch, so you can have a long talk with her about it.  Play the friend card. You're no "normal" tenent.  Ask her to honor the agreement you had verbally and to set a date where the new contract and rules should be in place by.

(end of year?...both compromising would be in 2 months??)  She needs to see you're compromising before she will..she's got the devil on her shoulder now.

If not, you MAY have a legal leg to stand on long enough for you to find a new apartment thanks to the fact that you have been paying via check (aka: in writing) for a while now.  That Legally denotes an agreement since she's been cashing the checks. Period.  You're going to need the input of a true real estate lawyer here though, who knows the particular rules of your state.  I'd make an appt. for a free consultation right away.

If your landlord wants more from you, look for another place while you keep your nose clean and pay your rent on time.  They will have no way to get more from you UNLESS you sign!!  Do not let them bully you into something you don't want.  

I'm in NV, but in WA state, an eviction proceeding/notice allows you 90 days (3 months); you may also want to have this info. with you (for your state!) when you meet with her as your "card". If she evicts you, you will still have to only pay the "agreed" upon rent for the alotted period of time you're there for, however you may incur additional court and legal fees. The good side is that it allows you the time you need to find a new place, AND she's out a good tenant.  (see below)  

Also, look up some horror stories online about bad tenants. Another "card" to be played on your behalf.  She may regret ever letting you go if she gets a bad tenant after you.  

Is her rental agent preparing her for that??  I think not.

If you're strong enough, tell her that the agreement in the end isn't one you can agree to and you'd like to part ways understanding that it's OK to disagree and remain friends.  Maybe she'll give you a little leeway if she's at all decent and respects anything about your friendship.  If not, she probably always viewed you as a money maker for her anyway and doesn't deserve your friendship, right??

Check into this below: Landlord/Tenant Laws

(It's for WA state, but each state has their own...you can find it on the internet or by callling the state offices for direction on where to find it for your state)

http://www.wsba.org/media/publications/p...

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Rental Precaution

Before renting property, a tenant should inspect the dwelling to be sure it meets his or her needs and is in acceptable condition. Upon moving in, make a list of all existing defects or damages, with both the landlord and tenant signing and keeping a copy of this list. Any commitments made by the landlord (such as a promise to make certain repairs) should be written into the lease, and all blank spaces should be filled in or crossed out.

Rent Increase

If there is a lease for a specified period of time, the rules of the tenancy, including the rent, may not be changed during that period. In the case of a periodic tenancy (such as month-to-month rental agreement), the rules, including the rent, may be changed upon 30 days' written notice. Rent increases cannot be in retaliation for the tenant's assertion of his or her lawful rights. The landlord may charge a late payment fee if the rental agreement expressly provides for the charging of a late fee.

Termination of a Tenancy

In addition to the procedures to end a tenancy as previously explained, if a landlord seriously violates his or her obligations under the rental agreement, a tenant may be able to terminate the tenancy without liability.

A landlord must follow certain procedures to terminate a tenancy. To terminate a periodic tenancy, a landlord must give at least 20 days' written notice prior to the end of the month. However, if the tenant violates his or her obligations, for example, by failing to pay the rent, the landlord may terminate the lease through eviction proceedings. When a tenant is being evicted because of a rule excluding children or because of conversion to condominiums, 90 days' notice is required.

If either party wishes to terminate the lease because of violations of the rental agreement by the other party, such action must comply with the terms of the agreement and landlord-tenant laws. A tenant who breaks a lease and moves without giving proper notice may be respon

Answer 6

You may have a hard time to remain in the house to the end of the year if you refuse to sign.

However, talk to the owner and ask her to honor the verbal agreement you have with her until the end of this year when your prepayment has been used up and that you will move out by a specified date. Put that in writing for her.