JustAnswer
>
Legal
Ask A Question
|
Register
|
Login
|
Help
Law
Ask a Legal Question, Get an Answer ASAP!
Have your own Legal question?
26 Lawyers are Online Now
characters left:
Not a Legal Question?
Related Law Topics:
Law
,
May
,
Pay
,
Owe
,
Sue
,
Five
,
Four
,
Live
,
Land
,
Paid
Question
I rented a room in a house in August 2006. I paid 375.00 deposit and signed a year lease for 375.00 a month. There were five people living in the house. I lived there for three years, But I was not asked to sign a lease for 2008 and 2009. I moved out May 1st 2009. Rent was paid in full. The house was to be rented to someone else in August. The land lord has sent me a bill for 2,362.37. for carpet replacement, flea treatment, cleaning, bedroom repairs, Also he wants rent for May and June after I moved out. Do I owe this money?
Submitted: 53 days and 9 hours ago.
Category: Legal
Value: $38
Status: CLOSED
+
Read More
Optional Information
State/Country relating to Question: Georgia
Already Tried:
talking to landlord
Posted by
SavyLawyer
53 days and 9 hours ago.
Info Request
Hello, and thank you for contacting the just answer team.
Just a few quick questions so that I can best answer your question.
(1) Were you the only tenant listed on the lease?
(2) Did you give the landlord at least 1-month's notice prior to moving out?
Thanks
53 days and 9 hours ago.
Reply
The first year there were five signed. The next year there were four people living in the house with no leases signed. Then the last year there were 3 people living in the house and no one was asked to sign a lease.
Posted by
SavyLawyer
53 days and 9 hours ago.
Info Request
Sorry, one last question. Did the original lease have a clause in it that dealt with continuing the lease after the first year? Sometimes there will be a clause that says something to the effect that the lease shall be renewed unless one or more parties to the lease give notice of termination prior to the term of the lease.
Thanks
53 days and 9 hours ago.
Reply
No ,there was no clause like that in the lease. Also when I was told I could no longer live there in the house in August I told the landlord I would be looking for a new place to live. The land lord was made aware that I found a new place in March.
Accepted Answer
Thank you for the extra information.
When a lease ends, or when there is a period of tenancy that is not covered by a lease agreement, the tenancy is presumed to be of a duration equal with the frequency of rental payments. So, if you paid rent monthly, the tenancy was month to month, and termination of such a lease would require one full months notice. It sounds as if you gave more than sufficient notice in march that you would be moving in May, and as such the notice requirement was met. Consequently, I do not see how he can charge you for rent past the day that you moved out.
As for damages to the apartment, under
Georgia Law
a landlord can only claim damages that were (1) outside the realm of normal wear and tear, (2) caused during, and not prior to, the tenancy, and (3) were caused by the tenant. The landlord is going to have to sue you for damages if you refuse to pay, and then in court is going to have to prove all of these things. So, unless you or your roommates caused the damages he is complaining about, and they were above and beyond normal wear and tear on an apartment, you are not liable for them no.
I hope this helps, and thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work.
Take care
Expert:
SavyLawyer
Pos. Feedback:
97.3 %
Accepts:
Answered:
9/30/2009
Attorney
Licensed to practice law, I have experience in dealing with a wide variety of legal issues.
+
Read More
Related Legal Questions
If there are two names on the title to a piece of ...
what is my girlfriends name?
explain the legal effect of clauses 2-3 and 5-9
How can I get a grant?
I need to find somebody who has stolen some property from .....
If a married person inherits real property from their ...
my son fell out of a company truck hurt his ankle
I recorded a Declaration of Homestead & paid a ...