Landlord Question and Answer Forum

A woman leased one of the apartments with her "uncle". Anyway, since the woman is someone that my husband recognized from our church, he gave her the keys on August 30th without having a signed copy of the lease. My husband says that on August 30th, her uncle signed the lease in front of him but the woman said that she needs to review the lease. (I know bad move from my husband) So he left without having the lease and they moved in. Whenever, my husband asked for the lease he got the run around. A week later the woman said that she is moving out at the end of the month (September) and she wants all of her money back. (First months rent & security deposit) We decided that we will work something out with her but she never returned our calls. So now she is suing for 4200.00 for rent,security deposit, stress, and the fact that she had to give her furniture away b/c her furniture could not fit through the door. Does she have any recourse since we do not have a leave? Please help.

This is very complicated, and the absence of a lease is unfortunate. Nevertheless, she remains in the wrong in even requesting her money back. What is the basis for that? I would welcome the chance to try and help here.

Posted by James P, PA on Tuesday, December 4, 2007

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Posted by Teja/Aline O, ME on Wednesday, December 5, 2007

Most states have laws and regulations describing what to do in Landlord/Tenant situations with or without a Lease. There are many resources on the web and even on this web-site directing you to such information. SInce this woman and her uncle accepted your property as their living quarters and paid the first months rent and the security deposit implies a lease arrangement. Check with your state statutes or an attorney for the specifics, but it seems to me that your tenants do not have a leg to stand on.

Posted by Denise S, PA on Wednesday, December 5, 2007