We have no written contract regarding our tenancy, can our landlady sue us for refusing to pay the bills?
we were due to move out on the 15th but because we were unable to pay- she FORCED us to stay until we paid, even if we were about to move out on that very day. now that weve paid up, she wants us to pay for half a months rent more?! we have no written contract. can she sue?
Answers:
Of course she can sue. Anyone can sue for anything.
When you are renting a home under the terms of an oral agreement, both parties have the right to enforce that agreement. If you paid your rent monthly that means that you had a month-to-month agreement. If you are paying month to month, a full months notice is required before you move. More than 30 days is required in most cases. For example, if you pay your rent on the 1st of each month, you must provide notice by July 1 if you want to move out by August 1. If you don't give notice until July 2, then the landlord can require you to pay for August since you didn't give a full 30 days notice before the next payment was due.
Based on the facts you have presented here, it appears the landlord can rightfully require you to pay the half month's rent. And it seems unlikely that a court will believe that the landlord FORCED you to stay there. Unless she locked you inside or threatened you with bodily harm, then she probably didn't force you to stay. If you don't pay, it looks like your landlord could probably win in court.
Anyone can sue but it seems very hard for her to win; after all it was her idea to forced you to stay more time. And having no contract is no going to help her.
A contract does not have to be written, it can be oral. This could turn into a he said she said type deal.
You could either pay, or if you feel that you are in the right, take your chances with a judge and don't pay.
The landlady is probably aware that she could lose money if she takes it to court and loses so unless it is a significant amount of money, she may not pursue it.
if theres no written contract than no just leave. and if you really do owe her the money send small payments and a note stating you will pay her the remainder of the half months rent in installments so much a month kep a copy for your self and as long as she cashes that first check then you have a written contract that she went into with you so she couldnt sue...i believe.
how can anyone force you to stay,without using force? just leave. if she wants to take you to court let her she sounds like a b_ _ _ _ to me anyway. it will cost her more in the long run to take you to court.she doesnt have much of a case anyway
If you had an initial contract that expired it depends upon the wording in it. The wording may state that unless you give a 30 day notice in writing that you are moving then the lease becomes a month to month lease and you must still give 30 days notice in writing. If you never signed any kind of lease when you moved in then she cannot sue you.
She can force you to pay for what you owed. She can NOT force you to stay or force you to pay for the time she forced you to stay. She can sue if she wants but she will not get anything.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: