Landlord Take Us To Small Claims With No Lease

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lola_33

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I will try and keep this short and to the point.

The verbal agreement that was made between friends (there has not been any form of a written agreement or lease) were that the rent would be one flat rate a month with utilities included. The utilities were kept in the landlords name. We were paying rent on time, until my husband became sick. After doctors and specialists diagnosed him with black mold, and a licensed state inspector found black mold in the home - we made numerous attempts to contact the landlord and inform them of this.

The landlord did not want to hear it and did not believe us, and became irate with us. During this time entire time we were searching to buy a house, and they knew this because the landlords husband was our realtor. Therefore, they knew the date we were moving out, which was the end of August. We left without paying Augusts rent, and left the house in better condition that what we found it.

So, we had to move out with or without a new home because of health reasons but good for us we did find and purchase a home. Now she is taking us to small claims court for back utilities (which was part of the rent), July's rent (which was paid in cash), Augusts rent (which if anything we do agree with that), and a couch that was given to us that we left because of the mold.

Also, we have documentations stating that she lied to the home/health inspector stating that it was never rented because she was attempting to avoid the hefty fine that came along with the fact that she never registered it as a rental property.

So at this point the only point that I agree with or can see paying would be Augusts rent - not the rest of the items that she is falsely claiming to get as much money out of us as possible. They did attempt to fix the mold problem and are lying to avoid fines. After we moved out they did attempt to contact me twice via my work email, but I did not contact them back because I was not getting into a war with my work email and wanted to keep the conversations verbal.

I am afraid that we are going to end up paying these idiots more than they deserve. Like I stated earlier there is no written contract (yes I understand we entered into a verbal agreement) and they did contact me twice via email.
 
In the absence of a written contract, the tenant is assumed to be a month to month renter. Typically a 30 days notice is required before one vacates the premises.

You did not pay rent for August although you lived in the unit that month. You would owe for that month. Your posting also does not indicate that you gave your landlords the required 30 day notice in writing that you were vacating the rental (never assume someone "knew" something without documentation of such) and be glad they didn't sue you for September's rent also. Hopefully you have documentation that you paid your July rent.

Tenants typically state that they left the rental in better condition than when they moved in....and perhaps you did...but your landlord is not suing you for damage to the unit, just back rent.

Gail
 
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