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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#11 |
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Top Level Member
Last Online:
07-23-2008 11:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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That's what I thought. The LL didn't allow the sublease. Now he is stuck without a tenant and wants to recoup his losses from someone. Unfortunately for him, you didn't sign with him, didn't pay rent to him, or didn't pay a deposit to him. He needs to try and collect from the tenant on the lease. The true LL (the owner) doesn't have a deposit from you, right? Does the other tenant that you subleased from?
In Missouri, you need to notify him one month before you move that you are leaving. He is entitled to a month of notice and the rent for that month's period. Look up MO Revised Statute 441.060 to see when this notice needed to be given and post what you find here. We will see if it is a term state or not through that. Once it is determined, you can pay him the amount of rent that you owe and be done with him. He can attempt to take you to court, but without a move-in inspection and a move-out inspection, how can he prove what was or was not damaged before you moved in? When I move a tenant in, I do a thorough inspection with a tenant's signature for a move in (along with a set of dated photos). Then I do another when they leave. Before & after photos & statements prove they did the damage. There is no doubt it was not pre-existing. I can them charge them for the damage. Without these, he'll find it tough to convince a judge of any damage. |
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#12 |
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Posts: n/a
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Great thank you.
Yeah I decided to just pay for the whole month even though I am moved out. I sent him a letter stating this was my 30 day notice so i will not be responsible for March. I spoke with him and sent him a text message saying i sent the check and a letter and that i was done from here on out and not respsonsible. He responded ok. This is the only written proof I have so I am holding onto it. I did do some research and I should have given him a 30 day notice but then pay the pro rate amount not the whole month. But it is just easier for me right now to pay it and never have to deal with him or hear fro mhim again. If I had only known how screwy this deal was going to be and how he would turn things on me 1. i would not have moved in or 2. i would have taking pictures like you said and signed an agreement with him so it was all jsut hear say on our"terms and agreement." Thanks for your help! |
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#13 |
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Posts: n/a
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I just found this and Im really hoping someone out there can help me.
Im on the otherside of this fence. I rented a room in my house out to a girl. she didn't sign and sort of agreement or anything but I thought it would be ok because I knew her. she's never paid her rent on time and has gotten farther and farther behind. when I asked her she said her course fees were coming out and she'd get it to me after. she has now told me she is moving out and she still owes me £360 rent. she also has only paid her share of 1 of the quarterly phone bills that come in and she has lived here almost a year. Also she had friends stay over one night when I wasn't home and they broke the sofa bed. I borrowed it from my dads girlfriend and it costs £300 for a new one. I told her she had to pay £150 of it and she said she wasn't going to but she would talk to her friends and see if they would pay. that was weeks ago and I still haven't got anything for it. Do I have any rights here or am I royally screwed? Please help!!! |
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#14 |
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Top Level Member
Last Online:
07-23-2008 11:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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You basically will have to take her to small claims court to get your back rent, utilities, and damages (the sofa bed's value). She is responsible for these costs (and is responsible for her guest's actions). I would give her a Pay or Quit Notice now before she leaves and keep a copy so you can prove when you file with the court that you were owed this money. Here, we would file in small claims court. You willl need to file with your equivalent of that court. Good luck.
Next time, always have a signed written agreement. And never rent to friends or family (it never turns out well.) |
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