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Landlord suing me

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#1 clx643


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Posted 24 November 2012 - 04:52 PM

I gave my landlord notice Oct. 8th that I'd be moving. Being on a month to month lease, my landlord agreed to pro rate my rent for Nov. She was informed that we (my husband and my 2 daughters) would try to be out by the 1st so that she could have the place painted and re-carpeted sooner and get her new renters in. However, hurricane Sandy hit, and the bad weather caused us to be unable to get all of our stuff out. Most of our stuff had already been moved and we were already living in our new place, so I shut off the electric and the gas since I wasn't occupying the premises. She wants to sue for those utilities, as well as the rest of the month's rent because she said we promised to be out by the first. She's also suing for cleanup. We did leave the place uncleaned. But, she called me at 6am Oct. 31st to yell at us and tell us to get out. She said she had someone enter the property, which we had paid for until the end of the month, without notice, and that's how she knew we still had some stuff left there. She said she wanted the keys to the neighbor by noon that day. I told her we would not have time to clean. She didn't care, because she was having it recarpeted and painted anyway. She sent us a certified letter that said since we had made her angry, she is suing us. It states, "I was willing to let this go. Now I am not letting it go." What can I do?? She says the state law is on her side and I will lose and have to pay the entire month's rent, the cleanup fee, attorney fees, and court costs. That will put my family on the street. Help!

#2 adjusterjack


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Posted 24 November 2012 - 06:30 PM

What state did this happen in?

Have you been served a summons and complaint for court or is she just threatening to sue you?

You write that you had a month to month lease. What does that mean? Leases have "from to" dates and are generally in writing. Month to month rental agreements are generally oral agreement without specified duration. So, do you have a written contract or not?

Start with those questions and we'll see where this goes.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.

#3 Guest_FindLaw_Amir_*

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Posted 29 November 2012 - 01:35 PM

What is your landlord suing you for?

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