Evicting the first day moved in
I need to know what i can do about a friend who moved into a rental got the keys from the landlord there was no written agreement it was all verbal. The agreement was a month to month rental no security deposit since the house was a mess they had to clean it so she waived the security deposit. The next day after they had moved in and cleaned the house she came and told them they had to leave. What rights do they have?
Re: Evicting the first day moved in
Sue her for the reasonable cost of cleaning the mess up. A problem may exist
in that the landlord will defend on the waiver of the security deposit as compensation
but this likely will not hold if the matter were litigated as the security deposit is intended
for an entirely different purpose. At a minimum, the tenant gets 30 days of use for the initial
agreement and then possibly another 30 days for termination of the lease. On the otherhand, if the
landlord does not properly notify tenant of her request that tenant vacate the premises, a holdover month-to-month
tenancy results.
Do not let her get away with being a slime ball, sue her for your work in cleaning if your work was as substantial as you imply.
G. Joseph Holthaus
(410) 799-9002
G. Joseph Holthaus III
Law Offices of G. Joseph Holthaus
2255 Daniels Road
Ellicott City, MD 21043
Re: Evicting the first day moved in
The answer is obvious.The Tenant has a receipt for one month’s rent. He “bought” one month, he gets one month, at least. Assume the “notice” to quit is valid, (and, face it, the landlord had the right to “terminate” but it is not immediately effective), the Tenant has to have his “30 days”, Any more than that,it is questionable. They did a lot of free work to restore the place, and the landlord gets the benefit. That would seem unfair. Seems like “unjust enrichment”. Maybe the tenant can sue for the value of his services. Good Luck. Let us know if you need more info.
Joseph Trevino
Law Offices of Joseph A. Trevino
6411 Ivy Ln #304
Greenbelt, MD 20770-1405