We were renting a house, no contract, can they charge for cleaning or any so-called damages?

Question

We thought we were buying it on contract, but again, no agreements were signed. When we moved out, she said she had to replace all the flooring and countertops, I've gotten photos since she sold it and they are all the same, so I can prove that. But by law, could they charge for damages if there is no contract? I'm in Utah.

Answer 1

She could try to take you to court, by paying her every month you were agreeing you were her tenant.  But if you have pictures PLUS no contract, it would be hard for her to win.  If she didn't fill out a "check in" sheet with the condition prior to your renting, it's hard to prove you did the damage, and if SHE sues you, she has the burden of proof.

She can send you all the bills she wants, but you don't have to pay.  She'll try to take you to court, and the judge would probably side with you.  On the other hand, make sure you didn't sign ANYTHING agreeing to fix/repair anything.  If all you did was send her a check or cash every month, your fine.

This is why it stinks to rent without a contract.  I'm a landlord, and I would NEVER do it, for this exact reason (it's hard on us too, when tenants destroy stuff, and then won't pay, even when it was their fault).  Sounds like your landlady want you to foot the bill for her repairs.

Answer 2

Well to be perfectly honest, I would say no. Especially if you have before and after pictures. Normal wear and tear is expected so unless you had 10 cats that urinated everywhere and spilled bleach on the carpets, for example, they cannot charge you for that. Sounds like she is trying to scam you. Please find the link below that helps explain your rights. Good luck!

http://www.uls.state.ut.us/uls/flyers/RH...

Answer 3

I'm not a lawyer, so this isn't legal advice. However...

Rules and regulations regarding rentals vary not only by state but also by city or county. However, for a real estate contract to be enforceable, it must be in writing.

If there was no lease--and therefore no provisions regarding maintenance, repairs, or damage--then there'd be no effective way that the owners could assert that those items were your responsibility when you moved out.

Now, having said that, the owners could come after you or anyone else for damaging their property. Let's say you weren't even a tenant. Let's say you were a neighbor, but one day you entered the house and poured red paint on the carpets. If the owners could prove that you did it, they certainly could sue you (or report you to the police) for damaging their property. So the lack of a written lease isn't absolute protection against claims of damage. Again, I'm not a lawyer, so this isn't legal advice.

As for whether they've replaced the countertops, that's really the entire issue. If, for instance, there were a lease and it provided that you had to pay for damage to the countertops, then you'd be responsible. The lease probably wouldn't require the owner to actually repair the countertops. Now, if you took it to court, let's say small claims court, you could argue that the owner hadn't suffered any monetary damages since the owner didn't have to spend any money for the repairs. And in some cases that argument probably would work. But, up to that point, if there had been something requiring you to pay for damages, then you'd be responsible whether or not the owner decided to actually do the repairs.

Hope that helps.

Answer 4

Yes, the landlord can charge for any damages and cleaning beyond notrmal wear and tear.

You could not have been buying the house on contract ... without a contract.

If you were paying rent monthly, then you are a month to month tenant by default. Utah's landlord/tenant laws govern your tenancy, rights and responsibilities.

http://www.utcourts.gov/howto/landlord/#...

Many rental agreements, particularly those arranged on a month-to-month basis, are arranged orally. An oral agreement should address the same matters as a written lease, including utilities, rent, and deposits. The courts will generally uphold an oral agreement.

As far as damages, you are responsible for any damage to the premises caused by you, your guests or invitees. If you burned, scratched or damaged the counter tops in some way, you are responsible for the replacement cost. If you caused damage to the flooring, then you are responsible for the replacement cost.

http://www.utcourts.gov/howto/landlord/#...

What are my responsibilities as a tenant?

Take care of property. You must take reasonable care of the property you are renting. When you move, the property must be left in the same condition that your received it, less normal wear and tear.

http://www.utcourts.gov/howto/landlord/#...

For what repairs am I responsible?

Generally, tenants are responsible for repairing the rented premises as well as for items that may have been damaged through careless action. For example, if a tenant fails to clean out a sink and it clogs, the tenant will be responsible for repairs.

  

Answer 5

You need to contact an attorney who deals with real estate law in Utah. Laws differ from state to state. I believe even without a written contract, you would have what's called a 'month to month' lease, but if you didnt have any deposit, purchase price... I don't know what you can be held accountable for.  Just a word of advise, don't ever enter into a lease, land contract, etc without something in writing.

Good Luck

Answer 6

no, unless you signed a contract and had a move in/out inspection they can't charge you for anything. There would be no proof in her favor. she can try to sue you but I doubt it would hold up in court. replacing countertops are not a common post renter repair job unless the tenant totally trashes them. replacing carpets is common but again you didn't sign a contract then she can't charge you for it.

Answer 7

I wouldn't think so!!