My landlord didn't renew my lease and gave me 60 days to move out. So I moved out Oct 1st. The lease states that he is to provide me with a written list of damages within 30 days and if he doesn't then I can sue him for my deposit back up to 2 times the amount. Well he didn't provide me with a list within 30 days and I had given him my forwarding address before I moved out. So now today Nov 13th the Sheriff comes to my new house and gives me a notice my landlord is suing me for damages to the house I moved out of.....$8100!!! Can he win in court because he didn't provide me with a list of damages within 30days. That's breach of contract right??|||He is beyond the 30 days and will never win. You will win no matter what damages have occurred. Go to the courthouse and ask the clerk how to file a countersuit for your damages.|||The answer to your question is dependent upon the specific laws of the state in which you rented. Regardless of lease language, state statutes will over ride such language if you end up in court. I expect you will not prevail in this situation, in the assumption that the charges of $8100 are valid. In many states, even if the landlord did not fully comply with the 'requirement for a written list of damages', the tenant will still be held liable for the costs of the damages caused.
You won't find out the result until you DO appear in court.|||Not returning the deposit is one issue...the damages are another. You may sue for double the deposit if you can prove that the landlord acted in "bad faith" with it's return. The landlord can still sue for any damages he can prove you left. It he can prove you are responsible for the damages, he can and will win.|||Maybe. There is no possible way for you to prove you never received notice. If you damaged his property and he has evidence of that he is likely to win.|||yes since he will show up with proof of the damages and you cannot prove he did not contact you.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment