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TJ, Esq.
TJ, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 12209
Experience:  JD, MBA
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I signed a lease to rent a home on 1013 year the gentleman

Customer Question

I signed a lease to rent a home on 1013 for one year the gentleman requested an additional year which I agreed to but because I live out of the area I did not have him sign the additional year he is now late in paying the rent and if the original lease were enforced he would owe me andif the original lease were enforceable he would owe me an additional $3000 because it's stated he would owe $50 for each day he is late do I have any recourse to have him pay me the additional $3000 he is still in the home but he did not sign the lease for the extra year I want to know how to proceed thank you for your help
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
I rented a home to a gentleman on October 2013 for one year on October of 214 he requested to stay an additional year I agreed to that but because it was six hours away from where I live I was negligent in did not have him sign an additional lease so he has been there for for an additional year without signing the second years lease he went 45 days without paying the rent so he basically owes me $3000 because the original lease said he would pay $50 each day after being late for five days where do I stand because he did not sign a lease for the Second year I am assuming he is probably going to try to move out anytime now and all I have is the first and last months rent in my going to be able to try to collect the $3000 he owes me I was very negligent in did not have him sign the lease for the additional year so I don't know if I'mup up a creek without a paddle do you have any suggestions on how I should proceed
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Unfortunately, the provision that he will owe you $50 per day would not be enforceable regardless. Penalties are not enforceable in contract law. Landlords can get away with liquidated damages (i.e., damages agreed to in advance), such as a late fee, but such damages must be reasonably related to actual damages. In other words, $50 per day would not be enforceable unless you could demonstrate to a judge that you actually suffered $50 per day in losses as a result of the breach. That is unlikely to happen.

The other issue, of course, is what you've already pointed out ... that the tenant didn't even sign a lease for the second year. So, the bot***** *****ne is that you would not be able to enforce the $50 per day fee. Still, you can evict him and sue for actual damages (i.e., unpaid rent, physical damage to property, if any).

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 1 year ago.
The tenant damaged the washing Machine while living in the home he wanted me to replace it but I would not do so he chose to purchase a new machine which I said was OK but I told him he must take the old machine off of the property when I go up to the Mount Shasta area where the home is if I find that the machine Warshire and dryer are still there do I have a legal right to expect him to remove it since he damaged the machine and they are no longer working and I will need to replace them and have no way to remove them from the property he had a track and it would've been very easy for him to do so at the time also when I last visited the property there were a number of large nicks in the wood at the different doorways of the rooms what is considered normal wear and tear the home was new and spotless all newly painted and remodeled when he moved in our heat is he responsible for large nicks in the wall or is that considered normal wear and tear I'm writing this verbally so please excuse all the mistakes
Customer: replied 1 year ago.
Are you still there?
Expert:  TJ, Esq. replied 1 year ago.

Hi again. Yes, I'm here. I'm reviewing your response now. Thanks.

Expert:  TJ, Esq. replied 1 year ago.

Hi again.

Unfortunately, it's impossible for me to determine what is normal wear and tear in this situation for two reasons: (1) I don't know what "large nicks" means. Is that 2 inches? 2 feet? Is it easy to repair? Difficult to repair? Is it easy to make the nicks? Difficult to make the nicks? Are they deep? Shallow? (2) Even if I had all of the details regarding the nicks, my opinion still would be nothing since a judge's opinion may be completely different. The bot***** *****ne is that it's really just a common sense type of issue. If you believe it's not normal wear and tear, then you're probably correct, and a judge will probably agree with you. On the other hand, you know if you're being nitpicky. If so, then a judge may rule against you.

As for the washer/dryer, I'm sorry to say that it is not the tenant's responsibility to remove your old washer/dryer. I'm assuming he didn't put the old washer/dryer there, so he doesn't need to remove it. The fact that you told him to remove the washer/dryer would not make it his responsibility. Accordingly, I doubt a judge would grant you any damages for that. I'm truly sorry for this bad news.

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