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Re: Damages after vacating - no rental agreement
by Garry (Iowa)
on April 25, 2016 @11:47
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So, by your line of reasoning, if there is no signed rental agreement, the tenant does not have to pay rent, and could tear out all the carpeting, the kitchen cupboards, the toilet, water heater, furnace, air conditioner, all the LLs appliances, doors, window coverings, etc, etc, etc,------virtually GUT the place, and the LL could not claim any damages against the tenant, at ANY time?? That does not make any sense. That's why I suggested the OP read the Ca. LL/T laws. Every state has wording that obligates both LLs and T to certain things, if there is no signed lease to be had. In Iowa, our state codes say you are not required to have any kind of a written or signed lease. When that occurs, the LL and T are automatically put under all the obligations that the state code says they have. I realize that Ca. is a tenant-friendly state, but not THAT friendly.
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Re: Damages after vacating - no rental agreement
by Barbara
on April 25, 2016 @12:56
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No G, don't be so stupid! The landlord might have lost the right to deduct from the security deposit but could pursue a court action for removal of the carpet. Are you that dense that you cannot understand?
If there is no rental agreement, then the tenant can claim that there was no provision preventing the removal of the carpet. Without a written agreement, the courts would only enforce what the tenant and landlord agreed to verbally if that can be prove. I doubt the landlord said anything about not removing any carpet that could be enforced by the court.
Again, we're discussing the right to deduct from the tenants security deposit and the mandated requirement of landlord to offer a pre-move out inspection to tenant regardless if there is a verbal or written lease.
Your compounding the subject by wild scenarios is nonsense. No rental agreement-no claim to deduct from the tenants security deposit. No pre-move out inspection offer-no deductions from security deposit. The landlord must file a separate law suit to claim damages.
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