No deposit given to landlord, now he suing for damages
I rented a home from my brother for 4 years with a month-to-month lease. We had a verbal agreement that I would purchase the house but after he received an appraisal lower than what his offer to me was, he decided not to sell, rather gave me a new lease, raising the rent $200/month. I terminated my lease in writing and 6 days later he posted a handwritten eviction notice on my door. We have since moved out and now I am being subpoened to court for non-payment of rent and damge. There is no indication in the least of a security deposit, nor did we give security/damage monies to him. We left the house in excellent condition. Can he sue me for damages if I have no security/damage deposit? Thank you!
LandlordLaura
7/6/09 9:46 PM
Yes. Some landlords do not get upfront security deposits. Tenants are generally responsible for any damages caused by the tenant, family members, pets, guests or invitees. The landlord generally must provide proof of the tenant-caused damages and repair expenses in order to prove the damages. Judges generally review and make a decision based on the evidence presented and/or witnesses that testify in court. Any proof that you have to demonstrate how you received the property and how you returned the property to your landlord would also be good evidence.
Why did your landlord evict you when you had already terminated the lease agreement? Were you violating the lease agreement? Did the landlord serve the eviction notice properly? You may want to consult an experienced, local landlord tenant attorney to review the situation with you...
dona
7/7/09 2:00 PM
Thank you for your reply. He evicted me because he was angry with me because I didn't sign the new lease (he is my brother). To the best of my knowledge, I did not violate any terms of the lease agreement. In fact we had a verbal agreement on the amount of rent and he gave to my 13 yr old son a new lease with a different amount than what we had agreed to, hence my decision to terminate the original lease agreement. Sordid family situation, but I am hoping that it will be resolved out of court. Thanks again!
Last modified: 7/7/09 2:01 PM
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