Re: Damages after vacating - no rental agreement

Re: Damages after vacating - no rental agreement by Patty on April 25, 2016 @18:16

I believe you are missing the point. There is the question whether the landlord can or cannot use the security deposit because the tenant can claim that the security deposit was for performance of the verbal agreement and not for any future damages. Since this was a verbal agreement, either side could claim they are right. The tenant can claim that the landlord gave permission to remove the carpet and convince the judge that was true. The landlord has nothing to back himself up that says otherwise. Just his word. So now its a he said, she said and who lies most convincingly will win.

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Re: Damages after vacating - no rental agreement by AnonymousFL on April 25, 2016 @20:33	[ Reply ]

It's a poor attitude to say that the liars are the ones who sway the outcome of a court case. Of course, we keep good records and they generally speak for themselves. You are assuming that the landlord has nothing to indicate the condition of the unit before the tenant moved in. I am assuming that he does have documentation and/or pictures, because any landlord who does not take the time to document the unit before renting is just plain lazy or foolish (or both).

Re: Damages after vacating - no rental agreement by Billie (CA) on April 25, 2016 @21:26	[ Reply ]

Not lazy, but apparently foolish. I have a picture of the carpet after the previous renter moved out and before it was cleaned, but not after it was cleaned. She kept pushing me to move in ASAP and I missed documenting that room and one other. I work two other jobs and it's obvious I cannot be an effective LL and need to sell the property. But I knew that before I posted to this forum :)

Re: Damages after vacating - no rental agreement by AnonymousFL on April 26, 2016 @01:47	[ Reply ]

But hey, at least you have a picture showing that the carpet was there...and that will go a long way. If you end up in court, they are still going to have explain how it got torn out. :)

Re: Damages after vacating - no rental agreement - Landlord Forum thread 344641