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We have been renting at the same place for almost 3 years.


Sent to Real Estate Law Experts May 13 11:48 p.m.

We have been renting at the same place for almost 3 years. But we have also been paying rent "under the table" during that time as well. My wife and I moved out the last day of April. Our landlord is now not considering giving us our deposit because he says we neglected servicing the dish washer, microwave, and air filters for the heating unit. He also is telling us that we have done major dammage to the carpet, but it''s just dirt embedded in the carpet from everyday use. He also said the range and oven were very dirty as well. Overall, he said it took them 3 days to clean the house, but my wife, mother in law and I worked for over a week cleaning up the last few things. We always cleaned and kept up the house on a weekly basis throughout our time there. By not signing a lease with him, do we have any rights? Also, I believe we were not paying rent to him in form of a check because he has not recorded with the county assessor. Do we have any leverage?Thank you for your help.
Customer (name blocked for privacy)
Status: Closed   Value: $15   
Answer
May 14 11:35 a.m. (11 hours and 47 minutes later)
REPLIED Check Mark

Hello and thank you for allowing me to address your legal question.

Generally speaking, it doesn’t matter that you didn’t have a written lease – you would be considered tenants-at-will, which basically means that either party may terminate the tenancy with proper notice (usually 30 days). Therefore, your landlord is required to comply with your states laws regarding the security deposit. Most states require the landlord to return any deposit within 30-60 days and if any amount of the deposit is withheld, then the landlord must send written notice itemizing the damage, etc.

It also does not matter that you did not pay rent with a check. While having a canceled check would be useful to prove that you were a paying tenant, you can prove your tenancy in other ways (e.g. testimony, bank statements, utility bills, etc.) if this issue actually culminates into a lawsuit.

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. However, please understand that my answer is meant for informational purposes only and is limited by the facts presented. Therefore, it should not be construed as “legal advice” and is not an adequate substitute for the retention of legal counsel. Thank you and good luck!



__________________
DISCLAIMER: My post is intended as general information only, and should neither be construed as specific legal advice, nor as an adequate substitute for the retention of legal counsel.
PictureBoredAtty  -- Attorney At Law -- 100% Positive Feedback on 233 Real Estate Law Accepts
Licensed in Maryland
Reply to BoredAtty
Sent May 15 2:11 a.m. (14 hours and 36 minutes later)

If our landlord has not registered with the county assessor, does this give us more leverage in this case? Thank you for your help.
Customer (name blocked for privacy)
Answer
May 15 1:52 p.m. (11 hours and 41 minutes later)
ACCEPTED Check Mark

I doubt you will be given any additional leverage by the landlord's failure to register with the county assessor, particularly since you have a strong case as it is. The fact that the landlord never registered is not a factor here, and it's doubtful that you, as a tenant, have any standing to complain to the assessor.

I wish you luck, and please accept my post if I was of help. Thank you.

__________________
DISCLAIMER: My post is intended as general information only, and should neither be construed as specific legal advice, nor as an adequate substitute for the retention of legal counsel.
PictureBoredAtty  -- Attorney At Law -- 100% Positive Feedback on 233 Real Estate Law Accepts
Licensed in Maryland

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