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Lanlord/Tenants, Maui, HAWAII, No written lease, very poor…

Lanlord/Tenants Lawyer's Assistant: Because...

Lanlord/Tenants

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Maui, HAWAII

Lawyer's Assistant: Has anything been filed or reported?

No written lease, very poor verbal agreement

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Answered in 2 minutes by:
8/15/2017
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 31,875
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Can you share with me a little more about the situation and what I can answer?
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Customer reply replied 10 months ago
Hi. So i move to this place the 7th of January, paying first month and deposit. no written lease, very poor verbal agreement, my work visa is for one year. So i just told them that. I never say "i want to stay here for a year" anyways... we never sat i talk about conditions, terms, how supposed to be the check out. The thing is i move with 2 weeks advice i was moving. (I know was not a great move) but they got my deposit and they want me to pay rent for this month. Because the understood i was staying for a year here. I my understood was month to month
Thank you and please allow me a few moments to respond
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Customer reply replied 10 months ago
Now, they are threatening for several weeks me with send me to small claim court. I know they can. Im not afraid but i want to know my rights or if i was wrong. I dont expect they to give me back my deposit. But asking me again for rent august is worry me. I think is not right
Customer reply replied 10 months ago
We dont have any proove, papers. Nothing
Without a written lease agreement you would have a month to month tenancy. The tenancy can be terminated by you as a tenant by giving the landlord at least a 28 day notice to vacate. If you failed to do so and only gave 2 weeks/14 days, the notice to end the tenancy would not have been proper so they could try and asses the rental payment for the month, which would have been due on the 1st and for the next month as well since you are required to give the notice and if it was done done prior to the 1st it would carry over. If you told them this month that you were vacating and you paid the rent for this month on the first they could only impose a claim for the rent for next month since the notice to terminate was not provided prior to the 1st
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Customer reply replied 10 months ago
I told them the 20 of july i was moving
Customer reply replied 10 months ago
I moved completely the 1th of August
Customer reply replied 10 months ago
i understand was short time. So i dont expecting my deposit back
Customer reply replied 10 months ago
But if i pay August who guarantee me i got my deposit back? Everything was ok in the room. I recorded
If you told them on July 20, your obligation to pay rent would have just been until the end of August. You are required to provide at least a 28 day notice to end a month to month tenancy. As such you could argue that you gave more than the 28 days when you advised them in July and the rent is/was paid for the month of August and that is all that you owe.
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If you pay the rent for August the landlord would need to return the deposit. You need to leave the rental in the same condition as when you took possession less normal wear and tear. If they do not you can sue them for the wrongful withholding and deduction.
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Customer reply replied 10 months ago
I understand all that. Is very difficult without papers, (very dumb in both sides) they want to send me to small claim court. We dont have any proove. the only thing i have is the receipt of the deposit
Customer reply replied 10 months ago
Thats why i dont trust them.
Your testimony would be evidence for the judge to consider and if there is notning in writing it would be your word against theirs and the burden is on them as the moving party to prove the terms and conditions of any agreement and if they ca.ln not their claim should fail
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Customer reply replied 10 months ago
Im not from here. I came with a work visa. Is not my first time renting in the US either... and is my third working visa. Always have great experiences with lanlords and being legal here in the US. For the moment they didn't send me to court. im actually not scared. I just want to know my rights. Dont you think if they have my deposit is nothing more to say? Because, i know i was wrong leaving 2 weeks after the notice. And the room is ok. I have prooves of that
Customer reply replied 10 months ago
But like i say, very poor verbal agreement. We didn't say nothing about a year lease, deposit, check out. Very dumb
You can try and settle this and tell them to keep the deposit and apply it to any unpaid rent and no proceed with trying to sue since they would be made whole.
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As I shared without anything in writing this would be a month to month lease.
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Customer reply replied 10 months ago
I told them that. And they are not happy with that. That is the reason i think they trying to stole money from me. So... i think is a waste of time for them to send me to court. I think they just want to take advange because i'm not from here and i dont know either a have the work visa. So maybe they try to scare me.
Customer reply replied 10 months ago
Is a very dumb situation, i know. But thank you i really appreciate your time. I just wanted to know my rigths. you know how long is that process? They dont even know wherte to serve me
Customer reply replied 10 months ago
Sorry if my written english is not the best
Customer reply replied 10 months ago
They * dont know i have a work visa.***
You have a right to refuse to pay. You have a right to defend this if they sue. You have a right to be heard and to testify in court what happened and to contest their allegations. If they do not want to settle you have a right to force them to sue if they want more and you have a right to file a counter claim for money which you may be owed.
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Customer reply replied 10 months ago
Thank you for your help!!!! Really helpful. I appreciate
You are welcome and I just kindly ask that you rate my help at the top at this time so the site provides me with the proper credit. Thank you again!
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