Landlord illegally holding rent/deposit without formal lease

[kholland]

I moved into a private rental in my landlords backyard (converted cottage) this past weekend. He is VERY absent minded and continual said he would get me a lease from last Sunday up until today. He asked for first months rent and deposit up front, which I paid.

I lived in the residence for ONE day before realizing there were undisclosed issues with the residence...roaches and possible mold/mildew. After realizing the landlord would not resolve these issues in a manner satisfactory to me, I left the residence and verbally told him this was not working, and I could not live there long term and have been in a hotel for the past two days until I find a place.

Because no formal lease was signed, I am entitled to the deposit and rent paid minus prorated rent for the days I was there, correct? The landlord told me yesterday that he had to "decide" what he was going to do. I haven't heard from him since. Today, I sent him an email outlining my expectations and the issues I was having to make sure I have written documentation. I am supposed to move my stuff out tomorrow to go to my new apartment, are there any precautions I should take since he also lives at this address? What can I do if he tries to keep me from moving my things or tries to keep the money already paid?

Any ideas on what next?

Thanks!

 

[Gail_in_Georgia]

In the absence of a written lease, a renter is considered to have a "tenancy at will" or (in other words), a month to month lease. You haven't mentioned your state but most only require a written 30 day notice to terminate the tenancy. Sounds like you haven't done that.

In addition, you moved into the rental unit only last weekend, found problems and have already moved out. Again, in order to "break" a lease (even a verbal one) the tenant must provide written notice to the landlord regarding problems and allow them enough time to address these (the length of time the landlord has to address these again varies from state to state).

In other words, you "broke" your tenancy at will and quite frankly, are not entitled to the rent for this month. Your landlord has a certain number of days (varies between states) to return your security deposit which can be used to mitigate any damages above normal wear and tear to the unit. Obviously with a one day stay there really should not be any damages.

Frankly, at this point, you still rent the unit and thus should have no problems being able to go in and get your things. Getting your money MAY be a different story. Legally your landlord does not have to prorate the rent you provided him nor return any portion of this months rent. Hopefully he will.

Gail