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Can a landlord sue a tenant for damages if there was not a lease? Can the landlord sue for damages that we not done by us?
Anonymous3 views2 answers
I lived in an apartment with a written lease for a year . After the lease was up the landlord and I agreed to a month to month lease. I moved out mid December. In March I received a letter stating I owed Decembers rent plus $2,300 in damages. I went though and itemized what damages I could understand were made by us, which was no where near what he had stated in the letter. He basically stated that he had to remodel the entire apartment, which is a complete lie and from the itemized costs he put in better than what was in there when we moved in (ex. ceramic tile opposed to roll out linoleum.) I was told he couldn't sue for damages being that it was a month to month basis with no lease. Is this true? What would I do about defending myself against damages that were not made by us?
You should consult with a Pennsylvania Landlord/Tenant attorney.
It's likely that you would owe rent for December because on a month-to-month basis, the term is thirty days. Presumably you would have to give one month's notice to quit the tenancy (at least in Maryland you would).
Regarding the security deposit and damages, most states have strict laws which require a landlord to itemize exact damages caused and costs incurred to replace said damages. In Maryland, notice of the damages must be given within 45 days of the termination of the tenancy. The time your landlord took, at first glance, seems to be excessive and you may have a defense to his withholding of your security deposit.
You should consult with a landlord/tenant lawyer in your area immediately. If you take your landlord to court, he has the burden of proving you actually caused the damages he is claiming. Additionally, your landlord should have given you an itemized list of claimed damages and charges within 30 days of the termination of your lease. In this case, it looks like he waited longer than that. He therefore may have forfeited his right to pursue you for damages.
