No Lease Signed, What Do We Owe?

[MeowTheCow]

Me and my boyfriend moved into an apartment. It was part of a duplex. It was a 2 bedroom 1 bath. We had no heat the whole time except this past friday. The plumbing was messed up before we moved in ( we didn't know it though until we had moved in), our breaker box was shared by our neighbors (and when our lights were cut off yesterday, part of there's cut off as well so apparently it still wasn't seperated), our oven didn't work either. the contractors left a mess. There was saw dust in the cabinets, screws, and other things they left behind. It wasn't cleaned when we moved in. Also, it was suppose to be completely furnished but we had a dorm-style fridge, love seat, and patio furniture for dining room.

We decided to move out sunday. We haven't gave our landlord 30 days yet. But, we never signed a lease because he sent it by email..we thought that was kind of shady. So do we owe an electric bill of 160..even though the electric still wasn't split up ever...and rent for December?

 

[ndragon]

The landlord doesn't have a signed lease and failed to deliver the apartment in the condition he promised. Walk away. He can't show which part of that power bill is yours because he failed to split the meter. If it is in his name, leave it on the counter when you leave. It is his problem, not yours.
Good luck finding a new place and a better landlord.

-Nick

 

[MeowTheCow]

Thanks..but some people i have asked on other sites said since i gave an $800 deposit which later found out was a $250 deposit and first months rent that it was a month by month agreement...but we never signed anything

 

[ndragon]

Did you get a receipt for that "deposit?" (When you paid this amount you understood it was just a deposit and therefore refundable; that's your story, stick to it! Rent is not refundable)
There is still no signed contract. Even if there were, the landlord failed to deliver the property in the promised condition, which would void the contract anyway.
Write a letter to the landlord and explain the condition of the property, and the electricity issue. Tell them that they didn't fulfill the terms that you agreed on and that you want your money back. If they don't give it to you, file a small claim to get it back.

-Nick

 

[Gail_in_Georgia]

In the absence of a lease, a tenant is considered to be a "month to month" renter; i.e., the tenancy runs on a monthly basis.

Most states require a 30 day notice by either side (landlord or tenant) to terminate this type of lease (some states vary; in my state of Georgia as a landlord I'd have to give a 60 day notice).

Your posting did not indicate when you moved in and I'm assuming you moved out in the middle of December, correct? If so, it is likely your landlord is going to keep the $250 (which sounds like a security deposit) as part of this owed rent. They may possibly consider suing you for the rest.

One of your problems with NOT having a lease is that you have no legal documentation of what the unit was to be provided (i.e., specifics on furniture, for example). So it would be difficult to argue this in court.

The other issue that would be important is whether or not you notified your landlord (hopefully in writing so you have documentation) of the plumbing problems, the lack of heat and the fact that you were having problems with the oven....and allowed the landlord adequate time to repair these items.

Hopefully you have this documentation should your landlord file against you or should you wish to consider a lawsuit against them.

Gail

 

[MeowTheCow]

Yes i got a receipt for it. But we basically went through the contractors because that's what he said to do when we called him to not call him basically call the contractors. But we notified him and them about our plumbing and heat within the first week. Our plumbing was fixed pretty quick but the electric wasn't "split" (even though it really wasn't come to find out) until the middle of november. We moved in November 3rd and we started moving out sunday. Our heat wasn't fixed until friday.