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Landerdanger

No lease. Unreasonable landlords.

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I have a friend who moved in with some friends about a year and a half ago. She has been paying rent which also help go towards the utilities. The friends who owned the home (landlords) have been pregnant and are due in a few weeks. They originally asked my friend to stay after the baby was born. Just a few days ago they decided they didn't want that anymore and gave her three weeks to move out. Then the other day they decided she needed to be out by this weekend and she can leave her stuff until the end of the three weeks they originally gave. They are now asking her to repair everything by the end of the week and giving her a list of things that need to be repaired. My friend's dog and their dog shared a kennel for when they were out of the house and the trim in the landlord's room got either scratched or chewed to where there's a 2inx0.5in chunk missing. They are telling her that she needs to pay for a contractor to come and replace the entire trim (when they don't even know which dog destroyed it). They are also saying she needs to replace the curtains that one of their dogs chewed on. Now my friend is stuck on her friend's couch until she figures out what to do. What rights does my friend have in this situation? I feel like the landlords are being extremely unreasonable.

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I suggest that your friend pack up her stuff and get the heck out of there ASAP and take her chances on whatever her former landlords will do.

 

The termination notices that her friends are giving her are illegal.

 

Quote

Arizona Residential Landlord Tenant Statute 33-1375 B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.

 

https://law.justia.com/codes/arizona/2017/title-33/section-33-1375/

 

That's not going to help her much unless she wants back in and is willing to go to court over it.

 

 

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Was there any written agreement involved in all of this? If not, then everything you've mentioned the landlord has told your friend to do isn't her responsibility. It's also wrong for the landlord to suddenly change terms. That's why written agreements (or leases) exist. If none of this is in writing, then tell your friend to just get the hell out. If the landlord wants to try taking her to court over this without a lease agreement stating responsibility for all of these things, then all I have to say to the landlord is "good luck!" 

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13 hours ago, Landerdanger said:

What rights does my friend have in this situation?

 

Any effort to create a list of legal rights would serve no useful purpose.

 

Did your friend give her landlord a security deposit?  If so, the landlord can deduct from the deposit for any damage caused by your friend.  If your friend thinks any deduction is unreasonable, she can sue the landlord over it.  If she didn't give a security deposit, then she can either repair it before she moves out, pay to have it repaired, or not do anything, in which case the landlord can sue her for the repair cost.

 

 

9 hours ago, courier2003 said:

Was there any written agreement involved in all of this? If not, then everything you've mentioned the landlord has told your friend to do isn't her responsibility.

 

That's incorrect.  Whether or not there is a written lease, a tenant is still obligated to pay for damage beyond normal wear and tear.

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15 hours ago, pg1067 said:

 

Any effort to create a list of legal rights would serve no useful purpose.

 

Did your friend give her landlord a security deposit?  If so, the landlord can deduct from the deposit for any damage caused by your friend.  If your friend thinks any deduction is unreasonable, she can sue the landlord over it.  If she didn't give a security deposit, then she can either repair it before she moves out, pay to have it repaired, or not do anything, in which case the landlord can sue her for the repair cost.

 

 

 

That's incorrect.  Whether or not there is a written lease, a tenant is still obligated to pay for damage beyond normal wear and tear.

Yes, but the damage is in their own room, not hers.

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